Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: Should I make an auto accident claim with my insurance company even though the accident was the other driver's fault?
A: Yes.
First, you have a contractual obligation to your insurance company to report that you have been in a car accident even if it is not your fault. So call your insurance carrier and let them know you had an accident and provide them the facts of the accident. If the accident was caused by the other driver, reporting the accident should not increase your premiums.
Second, you may have some "no-fault" insurance benefits that are available to help you following an accident. For example, if you purchased medical payment coverage, or "MedPay" coverage, your insurance company can pay you for your health care bills and copays. Under MedPay, if you have a bill or a copay, you can submit it to your own insurance company for payment and they will pay the bill or reimburse you for the copay.
Third, the other driver's insurance company may refuse to pay for your property damage even though the other driver admitted fault at the accident scene. The reason for this is that the insurance company may have a different view of liability after conferring with their insured and may convince the driver that he was, in fact, not at fault. If that is the case, you must rely upon your own insurance company to pay for your property damage and repair your vehicle if you have property damage coverage and rental car coverage under your policy.
The Jurewitz Law Group is located in San Diego, has offices in Carlsbad, California, and serves all of San Diego County including the following cities and towns:
San Diego, Chula Vista, Escondido, Oceanside, Vista, San Marcos, El Cajon, Carlsbad, Poway, Encinitas, La Mesa, Santee, National City, Imperial Beach, Lemon Grove, Coronado.
