Filing a Claim After a Car Accident

[scottfanli]

So being a new P&C agent, this question came to me. If you get into an accident, and it was the other party's fault, who would you file the claim with? Do you file it with your insurance company or the person at fault's insurance company?

I understand if you file a claim with your insurance company to get your car fixed or whatever, they have subrogation rights to sue the other person's insurance company to be reimbursed for what they paid you to get your car fixed. However, this would look bad since you have a claim on your record. So should you file a claim with the other person's insurance company rather than your own?

Also, if you are not at fault and you needed to be compensated for pain and suffering, would your insurance company pay you more than your policy limits and subrogate against the insurance company of the other party?

Thanks

 

[Mark]

I'm not a p and c agent.

But after I have a wreck, no matter who is at fault. I always call my car ins company and report it to them also. ON the back of your car ins card it tells you what to do. Follow that.

 

[iaminsman]

depends on several things... here in florida if you are hurt- you have to file it under your own policy for PIP (no-fault) coverages, and then you have to file with the other company for property damage coverage if they were at fault. You can also file the entire claim under your own policy and let the company subrogate the claim, however, each state is different in how that process works...
Your best bet is to call your insurance agent, or insurance company and find out the rules of your company/state....

 

[Cranson]

Auto claims typically do not hurt your record if you are not at fault. Just turn in the claim and the claims adjuster will advise what to do.

Also insurance companies will never pay more than the policy limits. In the question you are asking it would typically have to be a claim set up with the at fault party's insurance and if you exceed their limits of liability you better hope you have underinsured motorist coverage, last I knew State Farm does not offer underinsured motorist. Can anyone confirm that?