What to do when your vehicle is damaged
and the accident was NOT your fault.
When your motor vehicle is damaged in an accident, it is sometimes
difficult to know just what to do. Here are some simple steps
that you can take to help preserve your rights to compensation
for your property damage losses:
What you need to do at the accident.
At the accident scene (after police have secured the scene),
if possible, get the following:
- other driver’s name,
- address,
- telephone number,
- license plate number,
- and insurance company, name, address, telephone number and
policy number.
- Get witnesses names, addresses and telephone numbers too.
If this is not possible, the police, in most instances, will
prepare an accident report that you may later obtain, and it
should have some or all of this information.
Take multiple photographs of your vehicle from many angles,
especially the areas of damage, inside and out. Have them developed
quickly so that you may take new ones if they do not develop well.
If possible, get photographs of the other vehicle and the scene
of the accident (especially skid marks, traffic control signs,
etc.) as well, but only if it is safe to do so.
Was your car towed? What you need to do. Who you
need to contact.
If your vehicle is towed, make sure you know who towed it and
where it went. Usually, there is a substantial fee (per
day) for storage of a towed vehicle, and insurance companies will
deny payment for such fees under many circumstances, especially
if they have not been notified, in writing, that a claim exists
and fees are being incurred. So, as soon as find out who
the insurance companies are, send them each a certified letter
telling them where the car is and what the charges are.
This way they cannot claim later that you did not notify them.
Did you have insurance?
This may be the quickest way to deal with any property damage
claims. If there is an automobile insurance policy covering
the vehicle you were in on the date of the accident, you may have
rights to compensation under that policy. Read your policy. You
should notify that insurance company of the accident, injuries,
damages, storage, etc. and request immediate coverage for a rental
vehicle for you to use while your vehicle is being repaired or
replaced. If the policy requires payment of a deductible, you
may be able to recover that amount from the other driver’s insurance
company.
Did the other driver have insurance?
The other vehicle may or may not have been covered by an automobile
insurance policy. Sometimes, this is difficult to determine if
you do not get that information at the accident, or the police
do not include that information on the accident report form. You
should notify the insurance company for the other vehicle that
there is a potential claim against its insured, and that the vehicle
is in storage, incurring fees which you will expect them to pay.
If necessary, you should notify the other driver of your claim,
and request the name of the insurance company, etc., in order
to allow you to put them on notice. Do not sign anything or agree
to be recorded without talking to an attorney when dealing with
another driver’s insurance company.
Okay now you found the other person's insurance company.
How do you estimate the cost to repair?
At some point, you, or an insurance company, will obtain an estimate
of the cost for repair of your vehicle. Insurance companies often
dispute an estimate you obtain, and they may seek their own estimate.
They said my car was totaled. How do I figure out how
much the car is worth?
If your vehicle is "totaled", the insurance company
may make an offer for the "blue book" value of the vehicle
less certain items it deems to have diminished that value with
your particular vehicle (mileage, etc.). (www.NADA.com
is a good place to find information on vehicle value). If you
are dealing with your own insurance company, you should read your
policy carefully as this is the document which determines what
rights you have. The insurance company covering the other car
has no obligation to offer you anything, but it may do so, especially
when liability is clear.
My car is worth Less than I owe on it. What Now?
Unfortunately, people often owe more on their vehicle than it
is worth. If that is the case, the amount their insurance pays
is often going to be insufficient to pay off the lender, let alone
to allow for the purchase of a replacement vehicle. Some insurers
will increase the amount paid on the property damage to encourage
the claimant to resolve all claims (medical bills, lost wages,
pain and suffering, property damage, etc.) without the claimant
retaining an attorney. In New Hampshire, they cannot
require you to settle your personal injury claim in order
for you to get your property damage claim paid.
The New Hampshire Department of Insurance should be contacted
if you have any questions about your rights to compensation for
damage to your vehicle (if you are not represented by an attorney).
The toll-free number is 1-800-852-3416.
