Q. What should I do after an automobile accident?
A. Call the police immediately. It is always beneficial to have an independent third party document the accident and obtain all of the relevant information. However, if the police are unavailable get all of the information you can obtain from the other party such as their name, current address, home and cell phone numbers and automobile insurance carrier. Also, be sure to write down their license plate number as well. If the accident was a hit and run, it is extremely important to obtain the same information from any and all witnesses to the accident. Remember, only obtaining a phone number from a witness may not be enough information to locate that person later.
Q. Should I report the accident to my own carrier even if I wasn't at fault.
A. Yes. You may not need to make a claim for coverage on your own policy, but if you do, reporting the claim early will make things go more smoothly and avoid any delay. Also, if you ultimately have to make an uninsured motorist claim, you have a duty to allow your insurer an opportunity to investigate - reporting the accident right away avoids problems. Reporting the accident doesn't necessarily mean that you are presenting a claim.
Q. Should I sign medical releases and give a statement to my own insurance company?
A. No. While you have a duty to cooperate with your own carrier if you are presenting an uninsured motorist claim, remember that your own insurer is not necessarily on your side. This is because the insurance company's goal is to settle the claim for the lowest amount possible. If you are thinking about retaining a lawyer, let your attorney handle the disclosure of your medical records and arrange any statements. This way, your rights are protected while still meeting the requirement to cooperate with the insurance company.
Q. The other person's insurance carrier wants to total my car and haul it away. Should I let them?
A. This is a difficult decision, in part because you have to balance the benefit of retaining the vehicle against taking the money to buy another car. If your injuries were not serious, then you may choose to allow the insurance company to total the vehicle and remove it. However, even in that case, it is advisable to take as many pictures of the damage as possible from a number of different angles, prior to releasing the vehicle. If your injuries are serious, and especially if the other driver or their carrier is disputing who was at fault, it is best to retain an attorney in order to allow them to get a crash expert involved to assess the damage. This will reveal many things about the accident, including speed, angle of collision, etc. Once the vehicle is destroyed, important information regarding the accident is permanently lost.
Q. My insurance company said to send the medical bills directly to them for payment. Should I do this?
A. No. Although you may have medical payments coverage on your policy, your carrier will not review the charges that you submit for payment. If they overpay or pay unrelated charges, there will be no way to correct that mistake. In addition to that, your insurance company will require that any payments made under your medical payments coverage be repaid to them once the liability claim is settled, even payments they should not have made. This reduces the portion of the recovery that goes to you. Allowing your attorney to handle and coordinate the use of medical payments coverage will ensure that it is used in the best possible way.
Q. The adjuster from my insurance company told me that I am not covered for this accident because the person that hit me doesn't have insurance. I thought I had full coverage - is this true?
A. It depends. As of October 31, 2001, "full coverage" in Ohio means only liability coverage of at least $12,500, and liability coverage only protects someone else. However, don't automatically take the adjuster's word that you are not covered. Check your policy's declarations page (the page that shows your amount of coverage). If you see that you have paid a premium for Uninsured or Underinsured Motorist Coverage (UM/UIM), you should be entitled to coverage under your policy. When in doubt, contact a lawyer to further review your policy.
Q. I was not at fault for the accident, whose insurance company is responsible to pay for the damages sustained to my vehicle?
A. In most cases, the at-fault party's insurance carrier will handle your property damage. However, where there is a denial of liability or lack of liability coverage, your carrier may have to resolve the property damage. Your deductible would apply these instances, but may be reimbursed to you in certain circumstances, such as where the other driver is ultimately held to be responsible.
Q. The insurance company has deemed my vehicle a total loss, but their offer does not pay off my loan. Is this right?
A. Insurance companies are only obligated to pay the actual cash value (ACV) of the vehicle, which would be calculated upon the condition of the vehicle immediately prior to the accident. In some cases, due to negative equity, interest rates, extended warranties, prior damage, etc., the ACV does not pay off the entire loan. An attorney can make sure that all of the correct assessments are made with regard to your vehicle's value so that the amount the insurance company ultimately pays is fair.
Q. The insurance company is suggesting that I use one of their certified facilities to repair my vehicle. Can I decline and choose my own shop?
A. Yes. Ohio law allows you to choose your own repair shop. The insurance company may suggest a shop but cannot force you to accept their recommendation.
Q. I obtained an estimate on my vehicle from my shop, then the insurance company came out and wrote their estimate. The insurance company provided me with a check for the repairs covering their estimate. The two estimates are not even close in price. Should I be worried?
A. Not necessarily. Body shops will typically write a more detailed estimate than insurance estimators. Nonetheless, the insurance company is obligated to repair the vehicle back to the condition it was in prior to the crash. Any repairs/supplements not contained in the insurance company's initial estimate typically are dealt with between the body shop and insurance company.
Q. The insurance company has deemed my vehicle a total loss, but I want them to repair it instead. Do I have this option?
A. No. The insurance company is going to determine and pay the lesser amount of: a) the value of the vehicle; or, b) the cost of repairs. Typically, insurance companies will total the vehicle if the estimate for repairs falls within 70% - 80% of the actual cash value.
Q. The insurance company has told me that they will be using like kind quality and/or aftermarket parts to repair my vehicle. Can they do this?
A. Almost universally insurance companies will not use original equipment parts to repair your vehicle. The exception is where your vehicle is under one year old or has less than original 12,000 miles. You may choose to have original equipment parts used in the repairs, if you are willing to pay the difference yourself. However, remember that the insurance company is obligated to repair the vehicle back to the condition it was prior to the crash.
Q. The insurance company has deemed my vehicle a total loss. They have just presented me with a check for the total loss offer and have cut off paying for my rental vehicle. Why is this?
A. Under most circumstances, if a vehicle is inoperable, an insurance company will provide a rental vehicle. However, once the insurance company has determined that a vehicle is a total loss, they are no longer under any obligation to continue to provide a rental vehicle and can discontinue the rental at any time. This is why it is important to begin the search for a replacement vehicle immediately if you suspect that your vehicle will be declared a total loss.
