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Car Accident

by DURABLEOILCOM
16 replies
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My vehicle was hit while parked in a parking spot the person who hit it is 100% at fault but only has $5000 insurance coverage? The damages to my vehicle total up to $6100. The police report shows that they are 100% at fault for the accident. But since they only have $5000 coverage their Insurance company said to go through my insurance my question is will I be charged my $500 deductible and then take the full hit of $6100 for the repairs to my policy? Or will my insurance go after their insurance collect the $5000 and cover the difference? Will my insurance payment go up as a result of this? What is the best route to take in this situation?
  • Profile picture of the author Marcus W K Wong
    More than likely your insurance premiums will go up if you go through your insurance. Not sure who your provider is but that's generally how most insurance companies work (in Australia at least).

    You're probably best to chase up your insurance company directly to ask if they're going to go after their insurance to collect the $5000 and cover the difference (of which, you'd still have to pay the premium).

    Ouch on the car though, must've been a decent hit.
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  • Profile picture of the author RichBeck
    Originally Posted by DURABLEOILCOM View Post

    Will my insurance payment go up as a result of this?
    That depends on your state.....

    In some states, it is illegal to raise your insurance rate if your vehicle is parked and someone hits it.
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  • Profile picture of the author Kay King
    Talk to your insurance agent....sounds like the mandatory liability in NU is pretty low at $5k - but....NJ is a no fault state.

    How that applies to an accident of this type is something only your own insurance agent can explain to you. As you were in no way at fault - your rates should not increase....but no guarantees these days!

    What a bummer - can't even park and be safe.
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  • Profile picture of the author barrysharf
    Just talk with your insurance agent for more details.
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  • Profile picture of the author Dan Riffle
    Just because their insurance will only cover $5,000 doesn't mean they aren't liable for the remainder of the damage. Sue them in whatever is the appropriate court in your area, probably small claims court.

    https://www.judiciary.state.nj.us/pr...all_claims.pdf

    Of course, talk to your agent first to see what your insurance company can do.
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  • Profile picture of the author Kurt
    $5000 seems like a very low minimum. Here in Colorado the minimum is $15000 for property damage.

    Also, $6100 for damage seems like a lot for a car that was hit while parked in a parking lot. What were they doing to cause that much damage?

    The only thing I can suggest, in addition to Dan's comment, is to try to get some more estimates and see if you can't lower the $6100.
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    • Profile picture of the author DURABLEOILCOM
      They dug their bumper into the side of my vehicle dragging all the way through from my drivers door to my rear bumper.
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    • Profile picture of the author DWolfe
      Originally Posted by Kurt View Post

      $5000 seems like a very low minimum. Here in Colorado the minimum is $15000 for property damage.

      Also, $6100 for damage seems like a lot for a car that was hit while parked in a parking lot. What were they doing to cause that much damage?

      The only thing I can suggest, in addition to Dan's comment, is to try to get some more estimates and see if you can't lower the $6100.
      NJ Jersey has a tiered Insurance rates program. They offer the low property minimum damage. To help people that can not afford insurance, get a cheap Insurance policy. With no fault and NJ among one of the highest rates in they country theses policy's exist.

      In NJ you can find lost's of shops that will cut corners to lower there estimate to get the job. But once the repairs start he will either be short changed some where in the repair. Or he will receive a phone call once the vehicle is apart.. The phone call will be they found hidden damage and the cost will go up.
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  • Profile picture of the author briancbk
    if you have not had many accidents, your insurance will not go up for this. In fact, I have to pay extra for what is known as uninsured motorist, and underinsured motorist coverage, because florida is next to alabama. alabama does not require all vehicle owners to have insurance.

    you can always take the other party to small claims court if they dont pay for the additional damages, but dont worry about running it through your insurance.
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  • Profile picture of the author DWolfe
    ***Call your agent first they will tell you the best approach. ***
    If you go through your company you will have to pay the $500.00 till the person assumes liability.( Which seems obvious.) Go to one of there approved shops.

    The reason they will provide rental coverage if you have, they will offer a life time guarantee on parts and workmanship. I have spent 30 years in the collision industry. This is just my suggestion to make the process easier.

    If they are at fault and got a ticket your rates will not go up. You can also go thru the costs to cover for the differences but that is going to take time and cost you it for the efforts.

    I could right a book here but just offering you some help.

    FYI - If your drivers side mirror is ripped off the car it is not considered legal to drive in the state. Welcome to NJ now comes the real frustration !!!
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    • Profile picture of the author yukon
      Banned
      Originally Posted by DWolfe View Post

      ***Call your agent first they will tell you the best approach. ***


      Sorry but that's bad advice...

      Years ago I had storm damage to a house, called the insurance company and they sent out someone to survey the damage. The insurance guy that looked at the house made claim recommendations. A week later the insurance company called told us to come pick up a check and they're cancelling the insurance. That was the first insurance claim (ever).

      If I remember correctly it was State Farm Insurance.

      Do not take advice from your insurance company when it comes to claims.

      Only make insurance claims when it's absolutely necessary. $1,100 claim isn't necessary.
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  • Profile picture of the author yukon
    Banned
    Originally Posted by DURABLEOILCOM View Post

    My vehicle was hit while parked in a parking spot the person who hit it is 100% at fault but only has $5000 insurance coverage? The damages to my vehicle total up to $6100. The police report shows that they are 100% at fault for the accident. But since they only have $5000 coverage their Insurance company said to go through my insurance my question is will I be charged my $500 deductible and then take the full hit of $6100 for the repairs to my policy? Or will my insurance go after their insurance collect the $5000 and cover the difference? Will my insurance payment go up as a result of this? What is the best route to take in this situation?


    Your insurance premium will go up or be cancelled If you make a claim on your own insurance.

    Guaranteed.

    Take them to small claims court If the $1,100 means that much to you.
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  • Profile picture of the author DWolfe
    I agree to dis-agree.. They can not do that in NJ if he is not at fault. Half of all insurance companies suck in my book. I fix cars for the same person within a years time and they had the same company and were at fault in half of them. The company did not drop them. It use to to be common for State Farm and others to do crap like that. That does not surprise me in the most.
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  • Profile picture of the author millex
    I think you should take advice to someone real big personality of this arena. There might be your a wrong step can increase you issues. Just Keep Patience and wait for a good time. All the Best!!!
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