Auto Accidents – Car or Property Damage
- Call your insurance company – get a claim number
Call your insurance company and ask to open a claim for car damage, using the phone number on your policy or proof of insurance card. Your insurance company will tell you if you have Collision Coverage and they will give you a claim number. If you have Collision Coverage, usually you will have a deductible of $500.00 or more. Please note, that “Full Coverage” is a misnomer, and it does not mean that you have Collision Coverage, so ask your insurance company. If your company states that you have Collision Coverage, go to Step 2. If you do not have Collision Coverage, or if you do not have auto insurance, go to Step 3. - Choose an auto body shop – let them fix it
California law allows you to choose any auto body shop you want to fix your car. Choose a company with a good reputation, then call the auto body shop and make an appointment. Take the car to the shop, having the vehicle towed if it is unsafe to drive. Give the auto body shop your claim number, your insurance company name, phone number, adjuster name, and policy (use the box on the right to record all of this information). Pay the deductible and let the auto body shop do the rest. Please note that your insurance company will attempt to recover your deductible and the money paid to fix your car form the insurance company of the Defendant. Ask your insurance company to waive the deductible and sometimes they will.Auto body shops are professionals at billing insurance companies. Let them do their job! Ask the auto body shop representative to explain to you the system. Usually, your insurance company will pay the auto shop directly. However, sometimes your insurance company will issue you a check for repairs. In this case, endorse the check over to the auto shop for the repairs. Also, be patient and polite to everyone involved, as insurance adjusters and auto body employees can make your life difficult. When the car is fully repaired, pick it up immediately or go to Step 5.
- No collision coverage – call insurance company of defendant
If you do not have Collision Coverage, the Defendant’s insurance company should be responsible for your car. Call the Defendant’s insurance company and open a claim for property damage. Do not discuss the facts of the accident or your injuries with the Defendant’s insurance representative! Go to Step 4. - No collision coverage – choose an auto body shop
CA law allows you to choose any auto body shop you want to fix your car. Choose a company with a good reputation, then call the auto body shop and make an appointment. Then, take the car to the shop, having the vehicle towed if it is unsafe to drive. Give the auto body shop the claim number, and the Defendant’s auto insurance company name, phone number, adjuster name, and policy number. Let the auto body shop do the rest.Auto body shops are professionals at billing insurance companies. Let them do their job! Ask the auto body shop representative to explain to you the system. Be patient and polite to everyone involved. Insurance adjusters can make your life easy or hard. Allow insurance adjusters 24 hours to return your call, but be persistent and call again if you do not get a response.
Please note that the Defendant’s insurance company should pay the auto body shop directly. However, sometimes the insurance company will issue you a check for the value of the repairs. In this case, endorse the check over to the auto body shop. When the car is fully repaired, pick it up immediately or go to Step 5.
- Total loss – start negotiating
If the auto body shop and the insurance company determine that your car should not be fixed, it is a total loss, and you are entitled to the fair market value of your car at the time of the accident. If you have Collision Coverage, your insurance company should pay you, minus the deductible. If you do not have Collision Coverage, the Defendant’s insurance company is responsible for paying you. Start by researching what your car is worth by looking in the newspaper, Kelly Blue Book, and on the internet. Then begin negotiating with the appropriate insurance company’s adjuster. Once you are satisfied that the insurance company will give you what the car is worth, call this office to discuss the terms of the settlement. We will review the breakdown and assist you from there. Do not sign anything prior to discussing the paperwork with this office. Go to Step 6. - Rental car – be careful
All insurance policies have limits and exclusions. Check your policy or call your insurance company to see if you have Rental Car Coverage. If you do, contact the same adjuster as before, and arrange for a rental car. Be sure to see how many days you can rent the car for because there will be a limit, and you will be responsible for paying overages. If you do not have Rental Coverage, the Defendant should be responsible for paying you for the loss of the use of your car by paying for a replacement car for each day from the accident until your car is repaired or you are paid for a total loss. However, the Defendant may not have enough money to pay for this, or the Defendant’s insurance may be limited, and you may not be able to recover the full value of the loss of use or the rental car bill. This is why it is important to have Rental and other coverage on your insurance policy to protect yourself financially. Go to Step 7. - Understand your insurance policy
“Full Coverage” is a misleading term used by insurance sales representatives, and you may have found this out the hard way. Contact this office for a free consultation on evaluating and purchasing insurance policies. Learn how to understand and how to buy appropriate levels of Liability Coverage, Uninsured and Underinsured Motorist Coverage, Collision Coverage, Medical Payments, Comprehensive Coverage, Rental Coverage, Umbrella Coverage, and more. We will be happy to sit down with you and advise you on how to avoid insurance problems in the future. Please, try to follow these instructions first before contacting this office! You are capable of resolving these issues on your own, and you are the fastest means to accomplish this goal of fixing your car.
Our first consultation is free: 800-529-0807, 24 hours
