What Are The Car Insurance Laws?
Reader question:
When I am filing a car insurance accident report, how will traffic car insurance laws effect who is considered to be the at fault driver?
Ronny
Thanks for asking, Ronny.
I think that one of the greatest ways to get your car insurance accident claim done your own way is to be educated. Be the smart one in the situation, and impress your car insurance claim adjuster with your knowledge. So, let’s begin. What’s a good thing to know about when you need to prove that a car insurance accident wasn’t your fault? Car insurance law and state traffic laws. State traffic laws can be the biggest factor in showing that the other driver, while they may not have been a very direct cause to the accident, was at least reckless or negligent in some manner.
Traffic laws govern the way people drive, and it isn’t very hard to find out which ones rule the roads of your own state. The information is publicly available in your local library. The listing is usually called the complete vehicle code. Other places that you can get a hold of it are law libraries (which you can find in universities, usually, and if you want to find one somewhere else, just check the yellow pages) as well as the department of motor vehicles.
How do you use the complete vehicle code when making a car insurance accident claim? It’s simple, and it doesn’t really take very much time so long as you have a clear idea in your head of the event of your car insurance accident. Just look in the index section of the vehicle code book and try to find any sort of laws that might apply to your car insurance accident claim report. These might be things such as speed limits, or right of way, or stop sign laws. Once you find the laws that apply to you, don’t just scribble a note down. For the best effect, you need to have the entirety of the wording of the law, correctly, as well as the statute number. This way, when you submit it to your car insurance company they will be able to confirm what you are claiming. It is always good to have accurate data and sources when you are using information that is not simply from your memory. It’s the same principle when they require you to submit your medical bills and statements so that they can verify your car insurance accident injury claims.
What happens if you have trouble finding the right laws to apply to your car insurance accident? All you have to do is ask a librarian to help you. They know what they’re doing. This is why I always suggest going to the library over going to the department of motor vehicles–considering that, concerning the latter, we know that they don’t know what they’re doing, and don’t want to help you.
Traffic law violations are also often included in the police report if they happen. If this is the case with your car insurance accident, then you should reference the police report. However, you might find it necessary to look up your law anyway–just for extra back up.
Cheers,
Fashun Guadarrama.
Cheap Car Insurance Liability Coverage Only
Reader question:
Okay, I got into a car accident, and I didn’t outright cause it, but if it weren’t for certain physical limitations of mine, it wouldn’t have been as bad as it was. Will I still be able to make a car insurance claim for my injuries?
Lucy
That’s a great question, Lucy.
On every subject, there is a situation that is not as clear as others. While it is easy to say who is at fault when someone rear ends another car, it is a bit more difficult to say if someone had some sort of fault if their eyesight was not in good enough shape to be able to drive in the safest way possible on the road. If you have some type of physical limitation that makes you wonder if some of the negligence in an accident may be put on you, then this might make you think as little bit.
There are many physical limitations that have an effect on driving, and one of the main ones is eyesight. This is one reason why car insurance companies often only give discounts for senior physical car insurance liability premiums if those seniors get regular exams to make sure that they are in the best shape to be driving. There comes a point when simple corrective lenses do not work. However, most people are able to wear glasses and contacts to solve this problem. Then there are other situations–perhaps someone has a leg that shakes a little bit, which caused them to put their foot on the gas and make a accident caused by someone else worse.
There is an expectation from the car insurance company that a driver who has certain limitations will take certain measures that may be necessary to lessen or get rid of the impact that their problem might have on their driving. For this reason, there might not be an excuse if someone with very bad vision goes driving without their glasses. However, there are some conditions which may slightly worsen an accident, although not causing it, which are normally not dangerous and can not be expected to be taken care of in any other way; or if someone has already accounted for their physical limitations and is driving safely.
The truth is that the final responsibility falls on the person who caused the accident. It is their responsibility to make sure that it is safe for anyone who may be driving on the road or their property, regardless of their physical limitations. If someone plows into the side of your car, then it is not your fault that you were put into that situation, because that was due to their own negligence. Therefore, in most cases, you are not at all at fault.
However, there are some instances in which the situation may become a little more murky, such as if your problem should have been taken care of before you went driving or if it contributed more significantly to the damages. In these cases, it would be wise to hire a car insurance liability claim attorney, who can help you navigate the claims system and get the negligence quotient that you deserve.
Cheers,
Fashun Guadarrama.
Cheap High Performance Car Insurance
Reader question:
I have a great car but it has a dent on it now, which I found when I came out of the store. Should I make a high performance car insurance claim?
Michael
I’m glad you asked, Michael.
You know, I think that one of the reasons that people can’t get cheap high performance car insurance is because they are too worry some about their vehicles. Now, don’t get me wrong. Most high performance cars are expensive, and thus even the smallest scratch could cost more money than usual to fix. However, you should not compensate for your worry for your vehicle by making a high performance car insurance claim for every little thing that happens. Even if it is something that will cost money to fix, that does not mean that your car insurance company will need to know.
The way I see it is that if something is under your deductible or you are otherwise able to afford to pay for the damages, then most of the time there is no reason to contact your high performance car insurance company unless you are a hundred percent sure that this would not put your clean auto insurance claim record in jeapordy. The reason I say this is, even though auto insurance companies want you to report all accidents in good faith even if you don’t file a high performance auto insurance claim for them, and they won’t punish you after the first couple, once you start a list then you will begin to see that they don’t think you are as good a customer as they thought you were before.
There are some guidelines that you should go by when deciding whether or not to report your high performance auto insurance accident to your company, and I’ll give you a list following this. You should think about these before you decide to call up and advise your company of your dent, although there are always going to be more factors and these should not be the deciding ones for your situation. Here they are.
- Can I pay for this?
This is the number one primary thing that you should consider. I got a dent in my car, too, recently, but I didn’t bother to call up my vehicle insurance company. It will probably cost me around fifty dollars to get fixed, which is five percent of my auto insurance deductible, so it doesn’t make any sense to report it. I can just wait and be lazy and go get it fixed when I’m ready, instead of having to worry about the long problems making a claim with my auto insurance collision coverage.
- Am I alone in this?
Another thing that will obviously play a huge role in you reporting your little accident to your high performance car insurance company is whether or not someone else is involved. If someone else is involved in the accident, then go no further. REPORT IT. I really don’t think there should be exceptions to this guideline, because even if the other person says they are okay and there is no need to report it and claim, that does not mean that it is true.
I’m not saying that the other person is lying, but I am saying that the evidence of damage may not be apparent right away after you get into an accident. The other person might start to feel back pains later that night, or might notice their vehicle making weird noises on the way home. One time I barely nicked a guy, and although there was no outer damage to my car, it wouldn’t start! You never know what will happen. If you get into an accident involving another party, report it.
Cheers,
Fashun Guadarrama.
Should My Car Insurance Pay for a Dent From a Parking Lot?
Reader question:
I went grocery shopping the other day and and when I came out of the store, there was a big dent in the back of my car that hadn’t been there before. Of course, no note at all. What part of my car insurance coverage takes care or this type of damage?
Juan
Thank you for asking, Juan.
In your case, you are going to want to make a car insurance claim using your collision coverage. Collision coverage is most often known to apply to any vehicle that has gotten into an at fault accident, where liability of the other driver does not extend to their vehicle. Car insurance coverage for this type of damage could also fall under comprehensive, but in a different situation.
You might wonder why it is that collision coverage is needed if you can’t be sure that another vehicle was involved. You also might wonder why it is that whoever caused the dent does not have to pay with their auto insurance liability coverage. Both are valid questions, and to the first one I’d say that there isn’t much rhyme or reason to it, it’s just the way the auto insurance business works. As to the second one, you could do that if you know who the driver is. If you see the driver run into your car and cause the dent, or if they leave contact information on your car so that you can make a claim with their auto insurance company, then you don’t have to make a car insurance claim with your own company at all.
Also, not in every situation would a dent be covered under collision coverage. If the cause of the dent was, say, a shopping basket colliding into the back of the car, and you saw this and didn’t just guess it, or someone else saw it, then so long as you didn’t know the person who did it you could make a claim under your comprehensive coverage, because that is what would apply.
Now, one more question that might be remaining is, would your auto insurance rates go up for a dent that you claimed for under collision coverage, since collision coverage is usually used when you get into an at fault accident? Ninety nine percent of the time it would not, because most car insurance companies do not go by what type of coverage you filed the claim under, but instead by who caused the accident. It is obvious in this situation that you did not. Some car insurance companies are very draconian, though, and your rates would indeed go up so long as your state allowed it. However, in many cases it would not be necessary to even file a claim because if you have a higher deductible you can usually fix a dent in a car for much less than the deductible. If you want to stay on good terms with your auto insurance company, though, you should at least advise them of the incident.
Cheers,
Fashun Guadarrama.
How Do I Prove To My Car Insurance Company I am Not At Fault For The Accident
Reader question:
How do I get car insurance accident proof that it was the other person’s fault, and not my own?
Jackie
Thanks for asking, Jackie.
What many people do not realize is that there is no set algorithm for determining who is at fault when it comes to car insurance accident claims. It is mostly based on common sense, and the decision goes to whoever’s argument and evidence shows that they are correct and not culpable for the accident. You don’t need mathematical logic to win a controversial car insurance claim. The only thing that you are required to know are the laws of driving, and how that affected your car accident and how the other driver ignored these same laws. Many car insurance claims, even those in which both of the drivers are shirking responsibility and blaming the other, can be won with a simple argument pointing out the obvious. It isn’t that hard to know what to say, but some people might need help knowing how to say it, which is where you would hire a car insurance accident claims lawyer.
The biggest factor in a person winning a disputed negligence case for a car insurance accident claim is that, even if the insurance company does not believe that they are right, it may think that it is possible that someone else will think they are, and so they rush to end the whole situation and get the claim taken care of. Car insurance companies mostly exist to help their own customers, and while come are extremely helpful with car insurance claims when the claim maker is not a customer of that company, I’d say that most try to obstruct and give you the lowest balled figures, which your own car insurance company probably does too, but to a lesser extent. When a reasonable argument is made for who was negligent in a certain car insurance claim case, and the insurance company realizes that their own position will probably not hold up in court if a lawsuit is filed, they will probably go ahead and approve the claim. So you don’t need hard cold facts. You just have to be convincing.
I find that the best way to send proof for your case is through letters to the adjuster instead of over the phone, or through emails, if the car insurance company allows that particular means of communication when dealing with claims. This might be because I like to communicate more in writing than over the phone, but it could hold true for many other people too, I think. The reason for this is that you can get all of your ideas down on paper without being interrupted, you can attach any information that the adjuster wouldn’t otherwise be able to see over the phone, and, most important of all, you can edit. The editing is a big one, considering that saying something stupid over the phone when you’re having to act partially on impulse could get you into a lot of trouble with your claim. At least when you write a letter of evidence to your adjuster, you would never get caught saying something like,
“While I was backing up at the stop light, he hit me in the rear!”
While I would suggest admitting negligence in a case where you caused someone to hit you from behind, I hope you can see the point I’m trying to get across. If you feel, though, that you can’t succeed either in the form of the letter or over the phone in proving the negligence of the other driver, then you should hire a car accident lawyer. An attorney would be able to navigate the system and also knows what claims adjusters want in order to prove cases.
Cheers,
Fashun Guadarrama.
Car Insurance Accident Liability – How To Determine Who Is At Fault?
Reader question:
How do you prove liability and responsibility in a vehicle insurance accident?
Ennis
That is a very good question, Ennis.
When you get into a car accident and you weren’t the cause of it, many would start out by seeing red. They might want to toss out insults and make demands to the at fault driver’s vehicle insurance company. However, the problem with this is that saying it does not make it so. You can’t just demand that your car insurance company realize who is the driver that should be liable in a certain situation, because there has to be more proof beyond just the words of the two drivers involved, considering that much of the time both will be vouching for their own side of the story.
Liability comes down to one basic factor, and that is the carelessness, or negligence, of the drivers. If one of the drivers is found to have been more careless than the other driver, than that driver will have to pay more of the car insurance claim costs than the driver who was not as careless. However, carelessness is not the singular factor. There are others, as follows.
- If the person who was injured in the collision was in a place that they had no business being, and the other driver had no reasonable reason to think that they or anybody else might be there. It’s like if you drive into a dark alley in the middle of the night to park and you run over someone sleeping on the ground. People have to sleep, but an alleyway is not the normal place for that, so the driver can not be considered careless for driving into a dark place to park and to dodging the people.
- Now, there are some cases where the person who was injured was careless, but so was the person doing the driving. As an example, if you run out into the middle of the street in your neighborhood and get hit by a car. Now, the car should be taking care while driving in a neighborhood and go slowly, because there are plenty of children and pets who are more likely than adults to run into the street randomly. On the second hand, you were stupid to have run into the street. This is called comparative negligence, and both of you would have to pay for the percent that was determined to have been your fault.
- If the collision happens on or involving some kind of property that is not safe, for reasons of being badly made or not well kept up, or for any reason really other than that you just crashed into it, then the owner will hold part of the responsibility, even if it isn’t his fault that the property is in this condition.
- If the motor vehicle accident is caused because one of the vehicles is defected in some way, then the blame falls on neither driver but instead on both the manufacturer of the car and the person who sold it, regardless of which of them is actually fully responsible for the defect.
Cheers,
Fashun Guadarrama.
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