Question Car Accident Question

mayasmommy

New member
About a month ago, my DH and I brought an incredible new car. I never dreamed I would have a car like this. But the stars aligned perfectly and we were able to buy a 2012 Infiniti QX.

Then last night, I was driving, with the two kids, and my inlaws in the car, and I stopped short to avoid hitting the car in front of me that had stopped short, and the person behind me stopped a little less short than needed. And he hit the back of my car. :eek::eek::eek:

Really, the car is built like a Sherman Tank. I didn't even feel the impact, I just heard it. I am pretty sure that the only reason that there is damage in because I have a tow hitch in the back, and he has something sticking out from his bumper. He was driving a small Ford Pickup. There is a small dent on the bumper of my car. Of course, it all needs to be repaired, but thankfully, no one was hurt, and the damage was minimal.

Anyway, my question, of course is about replacing the car seats. The other guy's insurance covers $5000 in liability. And, I am thinking labor and parts to repair a brand spankin new QX is going to be pricey. If the damage is over $5000, they basically said that I would have to go through my own insurance company to get further coverage, and then my insurance company would essentially have to sue them. I have a $1000 deductible, not to mention how much my premium would go up. So not sure this is the best option for us.

IF, the cost of damage plus new car seats is below $5000 then 100% I would get new car seats.

My question is, let's say there is $5000 damage to the car. It wouldn't make sense to contact my insurance company, bec the cost of the car seats would be under my deductible, and my premuim would increase. In that case, I would need to pay for the car seats, or I guess I could call the gentleman from the accident and ask him to cover them.

But my question is, let's say the car seats are not covered, and I am responsible for buying new ones. It is absolutely necessary to replace them? I didn't even feel the car move. I didn't even lurch forward. The car didn't even move forward. It is a super heavy car, and for that I am thankful.

What do you guys think? I know it may be a moot point, as it most likely will get covered, but just wondering what you guys think.

thanks.

By the way, the kids were awesome. They were realy troopers. Oh, and today is DS's birthday, he is 2!! (he was RFing in his BLVD, and DD was FF in her Radian in the third row).
 
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Qarin

New member
If your insurance is successful in its lawsuit for the amount over $5000, your deductible/costs would be refunded to you- so if the vehicle damage is exactly $5000, and you buy new seats and make a claim with your insurance, you'll have to pay out of pocket for the seats, I guess, but then your insurance company would reimburse you if they are able to collect from the other guy.

Is the $1000 your uninsured motorist deductible?
 

mom2bnjl

Member
This makes no sense. If the policy limit is $5000 then you would need to sue the driver as his company would have maxed out their liability. Also, that is such a low limit I'd be shocked to hear ins. Companies even offered that as an option. Your insurance should only go up if you were at fault... Depending on your state the law if usually that you are liable for accidents caused by you not stopping - theory being that you were too close if you couldn't stop in time. (not always true but the law isn't perfect.) I'd go ahead and contact your ins company, tell them you were rear ended, and let them deal with it. It might be worth checking with a lawyer in your state - most state bar associations have a deal where they will send you for a half hour consult with an attorney for $25-35. If the seats need replaced than the other driver or his ins company are on the hook. You shouldn't have to pay your deductible bc you aren't making a claim against your own policy. And if they are paying for the car, it sounds like they already decided other driver was at fault.
 

Qarin

New member
California's minimum insurance for property damage liability is $5000; from what I can find, it's the only state with the minimum set that low (next lowest is Ohio, at $7500).
 

callumsmom

New member
I'd call your insurance company and fill them in on what is happening. If a police report was filed they may need to send in proof of insurance for you anyway. Also, they can advocate for you with the other insurance and offer you help in getting your claim resolved without claiming on your own insurance. $5k is nothing for damage. I think I carry like $50k personally because I fear being the cause of totaling out a very expensive vehicle.
 

carseatfreak

New member
I would call your agent/insurance company too. I was hit by an uninsured motorist many years ago and my agent took care of everything. I am pretty sure I have/had uninsured/underinsured insurance to cover this type of situation. They take care of everything you need (wrote me the check for a new vehicle), sued the other driver (which didn't bother with me at all), and it did not affect my rates since the other driver was at fault.
 

DMS721

New member
When I was sideswiped by a hit and run, my insurance did not go up, because I was not at fault. My insurance company handled everything. I got the license plate number, and it was reported to the police, but it ended up costing me nothing as my deductible was reimbursed.

Dawn
 

tam_shops

New member
I'm big on replacing car seats after a crash if they're covered b/c I'm paranoid. BUT, depending on brand, you'll have to contact the manufacture, they don't all require replacement, so I'd be fine with it if the manufacture was AND the insurance company wouldn't replace them.

As for damage to a bumper, way too familiar w/ that for my Toyota Matrix. The bumper is over $3,000 to replace. If it's damaged and plastic, here they don't (or can't) fix them, they replace them. I think it's totally ridiculous. No idea on your car, but gives you a starting point...

tam
 

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