So lost in regards to an accident, how to claim, etc.

by Loosid » Thu Sep 23, 2010 05:03 am
Posts: 1
Joined: 23 Sep 2010

Hi all,

Im new to the forum because I am the new owner of an insurance claim :(

I am wondering how exactly I should handle what happened.

Hit by a careening seizuring driver in his 80's who also hit two other cars. As far as fault it rests entirely in his lap. We have insurance, however because of the age of our vehicle only liability, no underinsured or pip or med pymts, etc. The accident happened on 9/9/2010 and today is 9/22/2010.

Went to urgent care and got xrays and had an official appt with doctor today that suggested minor whiplash. My husband was prescribed a couple pain killers and naproxin, the doctor doesnt believe it to be a major problem. Now, we have not filed this accident with our insurance as we are not at fault and the fact we only have liability figured there was no need to potentially get our rates hiked as we are on the safe driver program w/ no tickets/accidents, etc in 20 years.

Should be file this with our insurance? Will our rates go up even though we were not at fault? Are ywe going to be stuck with the bill on our urgent care, dr office and xrays if the amount is absorbed by the two other people in the accident? We reside in Wa state and I am calling the Insurance commissioner tomorrow to get more info, but what is the best way to handle this? Thank you in advance and hope its not too jumbled~!

Loosid :)

Total Comments: 3

Posted: Thu Sep 23, 2010 11:52 am Post Subject:

But then you were hurt because of the action of other driver then ideally that person should be paying on your behalf. inst it?

Posted: Thu Sep 23, 2010 07:20 pm Post Subject:

As far as fault it rests entirely in his lap.

Is this your opinion or the opinion of his insurance company? Remember, you are not issuing payment so your opinion is not the one that counts. I mention this as the person having a seizer may mean he has no liability.

. The accident happened on 9/9/2010 and today is 9/22/2010

Should be file this with our insurance?

It's been 2 weeks and you've not called anyone about this? No one has called you?

Now, we have not filed this accident with our insurance as we are not at fault and the fact we only have liability figured there was no need to potentially get our rates hiked as we are on the safe driver program w/ no tickets/accidents, etc in 20 years.

So I guess your state does not have PIP or Med Pay?

Should be file this with our insurance?

Depends.... does your state have PIP or Med Pay?

We reside in Wa state

Ok... WA:

"Personal injury protection (PIP) coverage is optional in Washington.

If you decide to purchase PIP, you can choose limits of either $10,000 or $35,000. The same types of protection are available under each plan, but limits of $35,000 will generally provide higher payments on covered expenses.

Medical Expenses-PIP covers your medical expenses if you or your passengers are injured in an auto accident."

So the question still is.... do you have PIP on your policy?

but what is the best way to handle this?

Call the other person's insurance company 2 weeks ago to see if they are accepting liability (which is questionable) and the status of the claim. The other person might not even have reported the claim and if so, nothing has been done for the past 2 weeks. If no one has called you, this is probably the case.

You need to call them and see if they have a report or report the claim. They then need to conduct an investigation to determine liability. You need to call your own carrier to see if you have PIP coverage on your policy.

Now, I mention liability.... if a person has no prior medical issues and has a seizure out of the blue, they may not be liable. In order to be liable you need to be negligent. If you had no idea that you _might_ have a seizure then what did you do wrong? With that said, most seizures just don't happen out of the blue... especially if you are 80.

Posted: Sat Sep 25, 2010 07:54 am Post Subject:

The other person might not even have reported the claim and if so, nothing has been done for the past 2 weeks. If no one has called you, this is probably the case.


My friend, it seems you're waiting and wasting your time at this. The party at-fault just seems to avoid responsibility.

tcope is right about the liability thing, so now you need to work it out on your own - and work smartly!

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