by Guest » Sat May 02, 2009 11:48 am
I live in Michigan.
I was rear ended by a pickup last week when I was waiting at an intersection for the traffic light to change green.
Now my question involves the right way to file my claim. I have filed a claim with my insurance company (state farm). But a friend told me that I should file with the other driver's insurance company instead, because this way I would not have a record of claim. Otherwise if I go with my insurance company, even if I am not at fault, my insurance will rise in the future even if I change to another insurance company.
So my question is, is it true? Should I file a claim directly with the other insurance company? Thanks!
I was rear ended by a pickup last week when I was waiting at an intersection for the traffic light to change green.
Now my question involves the right way to file my claim. I have filed a claim with my insurance company (state farm). But a friend told me that I should file with the other driver's insurance company instead, because this way I would not have a record of claim. Otherwise if I go with my insurance company, even if I am not at fault, my insurance will rise in the future even if I change to another insurance company.
So my question is, is it true? Should I file a claim directly with the other insurance company? Thanks!
Posted: Sat May 02, 2009 12:09 pm Post Subject:
But a friend told me that I should file with the other driver's insurance company instead
I would say 'in addition' you've already filed the claim, but were I you I'd call my carrier, and tell them to hold off awhile, that I want the other company to handle the claim, if there is any trouble then I will come back to them for help..,because this way I would not have a record of claim. Otherwise if I go with my insurance company, even if I am not at fault, my insurance will rise in the future even if I change to another insurance company.
That part is incorrect, yes you will have a claim on your policy but it will be a 'non-chargeable' (not at fault therefore cannot generate a rate increase) accident...Even if your carrier does end up paying the claim they will go to the other driver (and their company) for reimbursement of all payments (they'll include your collision deductible as well) . This is called subrogation and your carrier has a whole dept dedicated to that...So no you can't get a rate up for this loss, but yes there will be a claim against your policy although that in and off it's self cannot generate a rate increase.Should I file a claim directly with the other insurance company? Thanks!
I sure would, (RIGHT NOW TODAY) ..why have to pay your deductible? Also they will owe you a rental vehicle while yours in under repair..Let us know if any other questions we can help you with....glad you weren't hurt badly.
Posted: Sat May 02, 2009 04:43 pm Post Subject:
Ah, Michigan... the wonderful land of "why don't we make up really odd insurance laws".
Michigan is a no-fault state for property damage. Yes, you heard me say that. OP, you will probably need to have your own carrier pay your property damage under your collision coverage as I think in most (probably all) cases you are only able to collect a few hundred dollars from the at-fault parties carrier.
What you need to do is to notify your own carrier of the accident and speak to them about any options you have in filing the claim. I say this as Michigan walks to it's own beat when it comes to auto insurance. It's unlike any other state I know of. Here is a paragraph from a website which explains this a little:
"Michigan's "No Fault" statute was designed to limit litigation, by shifting the risk of certain losses from automobile accidents to the owner of the vehicle. For example, beyond Michigan's "mini-tort" law, you are responsible to insure your own vehicle and its contents against damage in an accident. If you choose not to insure your vehicle for collision damage, even if you are 100% innocent of blame in an accident, if the other driver is properly insured your ability to recover from the other driver for property damage is limited to a few hundred dollars under the mini-tort statute, MCL 600.3135(3)(e). (This is why the statute is called a "No Fault" statute – you are responsible for certain costs regardless of who is at fault.)"
Injuries are odd as well, as Michigan pretty much had unlimited no-fault coverage for this as well.
Posted: Sat May 02, 2009 05:34 pm Post Subject:
Michigan is a no-fault state for property damage. Yes, you heard me say that
Oh crap I forgot about that !!!! Somebody drunk at the helm when they came up with that one! :shock: :roll: I'll try and check their DOI site too, and see (if) since she was properly insured she can collect from the at fault party...geeze I'm glad I don't work in Mich.Posted: Sun May 03, 2009 02:45 pm Post Subject:
So does this mean that, since I live in Michigan, the only option I have is to deal with my own carrier for most part of my claim, and only deal with the other carrier for my deductible? I can not deal directly with the other carrier for the whole claim?
Another question, how can I claim my diminished value?
Posted: Sun May 03, 2009 03:19 pm Post Subject:
I'm not 100% sure as MI is so very... odd. When you obtain auto insurance there are 3 choices of different types. One of those choices _might_ allow you to collect from the other carrier but I'm not sure. None the less, if you don't know what kind you took, you'd need to notify your carrier of the claim anyway in order to find out. Really, you need to file the claim with your carrier and have them explain your options.
I don't know if MI recognized diminishment of value. You can ask your carrier how this works and/or ask the other carrier. My _guess_ is since MI is a no-fault state for property damage that this type of claim might not be possible.
Posted: Mon May 04, 2009 07:04 am Post Subject:
In Michigan the bodily injuries are also covered under the motorist's auto insurance, i.e. the insurer would pay for the medical expenses of their insured regardless of the fault.
Cheers!
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