What happens if someone is involved in an accident which wasn't their fault?

The process of reporting an automobile accident is the same regardless of who is at fault.

"The process of reporting an automobile accident is the same regardless of who is at fault," says Clark Jackson, President and CEO of Jackson and Jackson Insurance Agents and Brokers in Glendora, California. "Once it is clear that the other driver is the one at fault, your insurance company will assist you in obtaining appropriate and fair compensation for your damages and then seek to recover from the insurance company of the driver who caused the accident. This process is called subrogation."


This is the time when the claims practices of insurance companies are the most important. "You need to be aware that your insurance company is not responsible for making all of the payments that are necessary to fully compensate you in the event of an accident that is not your fault," says Jackson. "Collision and medical payments coverages of your own policy, however, may be used to provide immediate relief. In addition, your medical bills may also be covered by your group health plan insurance. Both your automobile and health insurance companies will have the right to recover what they have paid from the at fault driver and his or her insurance company."

Conversely, Jackson points out that the insurance company of the driver who caused the accident should be doing the same thing and following the same procedures with his or her insurance company. "This is why it is important if at all possible to exchange pertinent insurance information at the time of the accident. Not only will this be critical if you need to contact them, it is also critical for your insurance company and theirs to know how to contact them."

"As I mentioned earlier," he says, "the insurance departments of most states have consumer advocates on their staff who will assist you if you feel that a claim is not being processed properly. The insurance department will not argue on your behalf about who is at fault or debate the extent of your injuries, but it will make certain that state laws governing the regulation of insurance claims practices, the timeliness of responses, and the fairness of their actions are followed." While hopefully the intervention of an advocate won't be necessary, it is an important resource to know about if you should need it.

During this period, Jackson recommends that it is important to keep on top of the actions of everyone involved in the accident. "This includes your own insurance company, the insurance company of the other driver, and, of course, the police. In some states, a police report will not be taken by officers at an accident scene unless there is bodily injury to one or both parties. If there is a police report generated, it is important that this get into the hands of the people adjusting the insurance claim as soon as possible." Should you be incapacitated as a result of the accident, make certain that a friend or family member makes these contacts on your behalf.

While patience is an important asset as claims adjusters collect the necessary information about the accident and the nature and extent of your economic losses - both short and long term - it is also important not to let your claim languish or to fall through the cracks.


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