My wife got hit from behind while driving my car

[Bob Nathan]

The police report indicated that it was the other driver's fault.We spoke at length on two different occasions with the other persons insurance agency. We told them that my wife had been to a doctor. We have not discussed anything else with respect to her medical condition. We hope that she is okay, but from past experience we know that complications from an accident like this can show up six months down the line. Their insurance company is refusing to pay for the body damage to my car until we speak to them about my wife's medical condition. I told my insurance agent this and she feels like they are being very unprofessional. I can go ahead and file the claim with my insurance agent, but I have to pay the deductible and it seems like an extra step. Also, in addition to the body damage can I request that they(the other insurance company) include an additional amount for car rental?

 

[fed up]

Tell the other drivers carrier to speak with the doctor and let their claims people handle the repair and rental. They are just getting info for any settlement offer they might make. The repair and rental will be covered right away. Any settlement beyond that will not happen until your wife is done with medical care.

 

[Ron Van D]

Get a lawyer. Don't sign away your rights to a future claim.

Oklahoma Car Accident Settlement Process and Timeline - FindLaw

 

[adjusterjack]

I told my insurance agent this and she feels like they are being very unprofessional.

Not really. The other driver's insurance company is not your insurance company and owes you nothing until a court of law says so and says how much. Until then, they can jerk you around until the cows come home.

I suggest you have your own company pay for the repairs to your car and get the repairs done ASAP. Yes, you'll have a deductible but your company will get it back for you in subrogation.

If you don't have Rental Reimbursement on your policy and need a car, rent one while your car is in the shop, keep the receipts and submit them to the other insurance company when you get your car back. They'll owe it to you anyway. No harm in asking for it in advance but if they jerk you around on that, take care of it later.

As for the injury, neither you nor your wife should be talking about it to the insurance company until she is fully recovered. They are already on notice and the claim is opened. A brief letter to the claim rep "I was injured and under treatment. I will be in touch when I have recovered." Let it go at that.

In Oklahoma you have 2 years to file a lawsuit in the unlikely event that it comes to that so you have plenty of time to see how this plays out before even thinking about a lawyer. Minor whiplash injuries often resolve themselves within a couple of months and are small claims that most people can handle themselves since they aren't worth much money anyway. More serious whiplash injuries may be worth a lot more. Probably too early to tell.

Feel free to come back to this thread at any time in the future if you need help with the claim. I am a retired claim rep.

 

[WMSG]

I echo getting an attorney. I am not a P/C agent, so I am only speaking from my experience as a consumer who also got hit and I was not at fault. In addition, my accident was in NJ, if that means anything. Going through my insurance carrier assured I was going to get made whole, at least to the extent of the damage to the car -- and in the end -- I also got my deductible back (as was truly no fault or contributory negligence/fault on my part).

The attorney will assure your wife's rights are protected.

As far as the rental, if you don't have that coverage, I have no idea if you can get reimbursed for that. The resident experts can answer that question. I had that coverage so my rental car was covered. My insurance company went after the other insurance company and got paid for that -- and the entire amount of the claim.

Good luck and I hope your wife is feeling better and is OK.

 

[adjusterjack]

As far as the rental, if you don't have that coverage, I have no idea if you can get reimbursed for that.

Yes, the negligent party owes for that expense.

 

[fed up]

I am surprised at the number of people who recommend 'Lawyering Up' in a simple accident which is recent. The other carrier is doing their due diligence in getting information on the accident since they have no video and what could be 2 different versions of what happened. I don't know if I would turn to my own carrier right away unless I felt that there was some serious foot dragging going on. Your own carrier has an obligation to represent you at no additional cost, hiring outside counsel does not necessarily mean that you will get a larger settlement and guarantees that any settlement received will be divided between you and the law office.
The statement goes like this" I was in the righthand (lefthand) lane and your insured hit me from behind. I was established in that lane for a good period of time. Or I was stopped at the light at such and such intersection when your insured hit me from behind. i had been stopped for at least X minutes before the impact. I did not hear any additional sounds of impact before he hit me Police were on scene and cited your insured. I am being attended to by Dr X, have seen him once on X day and have a follow up scheduled for X day.

 

[marindependent]

I suggest you have your own company pay for the repairs to your car and get the repairs done ASAP. Yes, you'll have a deductible but your company will get it back for you in subrogation.

Agreed.

 

[adjusterjack]

Your own carrier has an obligation to represent you at no additional cost,

I think you miswrote there. Your own carrier has a contractual obligation to pay you based on whatever coverage your policy has. Your carrier has no obligation to represent you in a claim against somebody else.

Once your company pays you, the company has a right of subrogation against the other party for reimbursement. Other than getting the insured's deductible back as part of the claim, subrogation is for the benefit of the insurance company not the insured.

For an injury claim against another driver, the victim is on his own.

Your other comments are spot on.

 

[fed up]

I meant from a stance that the other driver or other carrier tries to turn the tables on the OP.