Do You Have The Green Light To Handle Your Own Fender Bender?
Reporting The Claim
Your Vehicle Repair And Rental
Using Your Own Insurance To Get Your Vehicle Repaired Faster
If the other person’s insurance is dragging their feet, you may be able to get your car repaired quicker and get a rental car faster by using your own insurance (if you have collision and rental coverage). In that case, your insurance stands in the shoes of the other company, takes care of the damage, and then seeks reimbursement from the other person’s insurance. (If you have a deductible, they may try to collect that for you on your behalf). In Louisiana, in most cases your auto insurer cannot increase your premium or cancel your insurance for filing a claim for an accident that was not your fault.
Beyond Your Property Damage Claim
In addition to your property damage, you also have a claim for general damages, which include money to compensate you for your own harms and losses, including pain and suffering, inconvenience, lost income, doctor’s bills, etc. Assuming you didn’t have to go to the hospital or doctor as a result of the wreck, these general damages may be small.
Beware Of The Release!
After repairing your vehicle, the at-fault insurance company will want you to sign a form, releasing them and their insured from any and all liability relating to the wreck. Do not sign a release unless (1) you are 100% sure that you are not injured and don’t need medical treatment; (2) you are sure that you have been 100% compensated for your property damage and general damage claims; (3) you are sure that you will not owe any third parties payment or reimbursement (such as doctors, hospitals, your health insurance company) from the settlement proceeds; and (4) you have read and understand the release.
Potential Road Hazards! When To Pump The Brakes
Were You Injured In The Wreck?
Don’t even consider settling with the insurance company before you have fully recovered. Once you sign on the dotted line, you can’t go back and ask for more, even if an unknown injury crops up.
Did Your Health Insurer Pay Bills Related To The Wreck?
They likely have a right to be reimbursed from settlement funds. They may or may not send you a letter asking questions about the wreck. Under no circumstances should you try to settle your case without accounting for the full amounts (not the discounted rates) of all of your bills. Whether you have private health insurance, Medicare, or Medicaid, you should find out if they paid for your medical expenses and understand their expectation of reimbursement prior to settling your case. 
Do You Have Medicare?
If you are on Medicare or even have a Medicare replacement policy, Medicare has a legal right to be reimbursed for any medical payments made on your behalf. In such a case, the process is to file a claim with Medicare, notifying them of your wreck. They will then respond by sending you a Rights and Responsibilities/Acknowledgment letter followed by a Conditional Payment letter, identifying any payments they may have made on your behalf. Once your case is settled, you have to tell Medicare so that they can provide you with a Final Demand letter, specifying the amount they claim to be due from your settlement proceeds. If a Medicare recipient settles a car wreck claim without taking Medicare into account, the consequences can be very serious, including the loss of future benefits and garnishment of social security benefits.
Is The Insurance Adjuster Pushing You To Settle Your Claims?
This should set off a red flag. Slam on the brakes and take a minute to fully assess your claims. Remember, this is a negotiation. Their first offer is rarely their last. Every time you speak with them, they are sizing you up.
Almost Out Of Gas?
Take advantage of our Free and Confidential CRASH COURSE!
What’s Included With Our Crash Course?
- How to properly file a claim (what the insurance company will ask you and why).
- Your rights and responsibilities.
- How to get your car repaired and get a rental.
- What happens if my car is totaled?
- How medical bills get paid and how to remain compliant with your health insurer.
- Different insurance coverages you may not know about.