Most states have laws that require vehicles to drive a certain distance behind the vehicle in front of them so that they will be able to stop when hat vehicle does. If the driver in the back then runs into the car in front, it’s assumed that he wasn’t driving far enough behind. However, there are still situations where the car in front’s brake lights or out, or they make a really abrupt turn or stop, and they could still be partially to blame.

If the rear-ender involves more than one vehicle (one car rear-ends another, which in turn rear-ends the car in front of it), the drivers usually go after the person behind them, which can leave the middle car in a bind. If your car is in the middle in this situation, it’s important to call the police. Getting a police report can help you to avoid receiving a too heavy part of the blame.

Cheers,

Fashun Guadarrama.

My claim was denied! Why??!

Beth

Nobody likes to hear that their claim was denied.

Such news could come with a lot of stress, especially as those bills for medical expenses and repairs pile up. However, there are several valid reasons for which your insurance company can deny your claim, and for these reasons you always want to make sure that you keep a close eye on your insurance and stay current. Your claim can be denied because:

• You don’t have any coverage for the claim you made. Say you made a collision claim, but your car only has liability. They can’t give you anything for that.
• You made an Uninsured Motorist claim and the motorist had insurance.
• You don’t qualify under the policy. I.e., you’re a teenager specifically excluded from his parents’ policy.
• You didn’t pay your premium.
• You bought a new car and didn’t tell your insurance company in time.
• The amount of damage you claimed is more than the limits of your policy.

So staying current, getting the right kind of coverage, and being responsible about who drives your car can save you a lot of trouble.

Cheers,

Fashun Guadarrama.

Both insurance companies involved will ask questions like

• What happened?
• Where did it happen?
• Who was behind the wheel?
• Who were the passengers? (you’ll need names, ages, and contact information)
• Were the police involved, and was there a police report?
• What vehicles were involved? Make, model, year, color, and names of owners registered will be required.
• Did anyone get hurt?
• Was an ambulance called?
• Witnesses?
• Did the other person have insurance? With what company?

You might get a different kind of attitude depending on whose insurer you’re talking to. Your own insurer could be difficult, but mostly they just need the facts and will cover you up until where your coverage runs out. With the insurance company of the other guy, they know that they might end up having to give you quite a bit more money than your own company would, so they go about things a bit more carefully and tend to be more skeptical, especially about medical costs. They might also ask you

• what body part of yours was injured?
• have you been injured or treated on that body part before?
• when was the last time?
• what did your doctor diagnose?

They don’t want to get caught on the hook for anything that might not have to do with the accident, so don’t ruin your credibility by reporting an old injury.

Cheers,

Fashun Guadarrama.

So, how do I write a demand letter?

Amy

It’s easy.

You don’t have to be Hemingway to write a good demand letter, but do watch your verbosity. You need to be quick and to the point while providing all the detail that will help you, and nothing more. If you don’t think you can write a satisfactory letter, you can contact an attorney to draft one for you.

First you’ll want to state who you are and who you got in an accident with, as well as the details of the accident, such as the date and circumstances and and police report. Also important are a list of the damages and costs caused to your vehicle.

If you were injured, include information on how and where, at which hospital you were examined and how long you stayed. Include copies of your medical bills and doctors’ reports. If you had to get any follow-up treatment, include that. If you missed work, include documentation from your employer saying so. If you’ve suffered any other kind of hardship that you would not have suffered if not for the accident, mention it.

Make sure to break down the charges, including everything that was affected by the accident. If you were in the hospital for three days and thus unable to deposit your check from work before the rent got taken out, and so you had to pay overdraft fees, that counts.

Include what you expect for pain and suffering, and your total settlement demand. Also set expectations for when you should be replied to.

Cheers,

Fashun Guadarrama

When I’m filing a claim, should I make my demand right away or see what they have to offer me first?

George

It depends.

What you should consider first when you think about waiting for your adjuster to make you an offer is that adjusters have settlement ranges, and their job is to get you to agree to the lowest amount they have in that range for you. So their first offer might be from the bottom of the bucket, and that’s not the best way to start off negotiations when you’re determined to get what you’re entitled to.

It’s hard for just anybody to figure out exactly what they’re owed without help from an attorney, though. If you have a small claim, then, you probably don’t want to bother with the expense of an attorney. In this case, it’s better to wait for an offer (which tends to come pretty quick) rather than examine things more closely and possibly end up spending more than you’re going to get.

If you have a larger claim that includes extensive damage and medical bills, it’s important to hire an attorney and be certain of how much you should get, and in that case write a demand letter to the insurance company you’re making the claim with.

If you are doing things by yourself, don’t jump on the first offer. Go slow and pay attention.

Cheers,

Fashun Guadarrama.

What’s ’subrogation’ in regards to car insurance?

Gurpreet

Ummmm…

No, just kidding, I know.

Say you get in a car wreck, and it wasn’t your fault. Maybe your car gets damaged and you have to wear a neck brace. No fun. So you call your car insurance company up to get reimbursed for your expenses and file a claim. Of course, they investigate the whole incident, and upon finding out that the other driver was at fault, they go looking for money at that guy’s insurance company. That’s called subrogation.

Basically, it’s when a car insurance company tries to get reimbursement from who’s really responsible after it has already paid out to you. Once your insurance company has paid your claim, it gets to take up your sword, as it were, and sue the negligent party for you. Some, but not all, insurers subrogate medical bills, and when they do they might do so against the other person’s insurance–but then they might do it against your own health insurance.

Included in subrogation is settlement for collision in damage claims. Your insurer might get you to sign an agreement assigning them subrogation rights. You might have to pay a deductible up front, which will be refunded once the company acquires its money through subrogation.

Cheers,

Fashun Guadarrama

Cheers,

Fashun Guadarrama.

Under what circumstances in a car insurance claim can/should you file a lawsuit?

Brandy

Under the most careful ones, Brandy.

Filing a lawsuit is time and money consuming, and it’s not something you want to jump into lightly. Normally, it’s something you will reserve only after you have tried your hardest to resolve your claim in every other way. If, after negotiations and lawyers have been tried and failed, and you still find yourself unable to get a fair settlement, it may be necessary to file a lawsuit.

Normally, once the claim is settled, it’s over and done with and you can’t file a lawsuit. Usually, during the process, you’ll have to sign an agreement saying that you will not sue them for that particular claim and releases them from making any more payments on that claim besides what is agreed. Now, you can sue them for other claims. But not that one.

It still is a possibility to bring action against the insurance company once settlement is complete, though. Those types of lawsuits, though, generaolly have to do with errors or different interpretations of the language of the settlement or process. The document may have been poorly written. For this reason, it’s always important to have an attorney read over a settlement agreement before you sign it.

Cheers,

Fashun Guadarrama.

Should I get in touch with a lawyer after a crash?

Holly

Crash, claim, and lawyer.

Three words you probably don’t want to hear. It’s not that the last two can’t be helpful after the first event, but they’re very frustrating to deal with, speak a whole other language, and you don’t want to have to be in a situation to need to deal with them in the first place. Depending on the nature of your accident, though, you may need an attorney.

You absolutely need an attorney if

• you receive a serious or permanent injury as a result of the accident
• someone dies
• fault is a problem
• there were other cars or pedestrians involved
• the crash happened in a construction area
• the police report inaccurately accuses you
• you have low limits on your liability insurance
• you have no insurance, or your insurance company says you didn’t pay
• your insurer acts up or gets its own lawyer

You might consider one when

• you need settlement advice
• fault might be a problem
• need help negotiating
• trying to find out if your insurer is looking out for you
• you don’t know your rights
• your policy is confusing
• the paperwork is confusing

Cheers,

Fashun Guadarrama

What’s the process in starting out with a car insurance claim filing?

Al

Good question.

Filing a car insurance claim is a big deal, and it may seem like a complicated process, but so long as you have some idea of what you’re doing, it really isn’t. There are some initial steps that you should take when filing your claim, and if you take them in a timely manner you can ensure that your claim will be handled more quickly and more to your liking.

First thing to do is get all of the documentation you need together. Your adjuster will probably record your statements regarding the events of the accident, its location, names of witnesses, and medical treatment and other expenses. Now you have to prove all that. So get those receipts, develop those photos, pack them up, and send them in. You’ll be asked for copies of your medical bills, a report from your doctor, proof from your job that you suffered wage loss, and any proof of any other expense. Your adjuster might also ask for authorization to get reports from your health care providers. All this goes towards your special damages claim.

After getting all the documentation and whatever the insurance adjuster asked for, you need to figure out how much you should get for your claim. The insurance company will try to jump in and offer you something before you’ve had time to think, but don’t let them. Take it slow, look over your information, and know what you deserve.

If you have a certain amount in your brain and are sure of it, write a demand letter to the insurance company to get the negotiations process started in a manner you prefer.

Cheers,

Fashun Guadarrama.