1st car wreck, help on how to proceed

[MrJenkins]

What is the name of your state (only U.S. law)? OH

I was just in my first accident on Saturday.

We were heading back from out of town when I was rear ended at a stop sign. The person following me was someone associated with our group (we were coming back from a day trip to lake erie). They werent paying attention and ran into the back of me.

We didn't call the cops since it was the middle of no where and it was late(not sure if that was the incorrect move).

Here are the facts:

The car that hit me doesn't deny responsibility. They also have full coverage insurance.

I was not the registered owner of the vehicle that was hit, however I was the driver.
I have full coverage on my car and also carry an SR-22. This was all up to date and in full effect.

I believe the registered owner only had liability insurance. However, I can't confirm that until he gets back into town tonight.

I am not sure how to handle this properly. Should I contact my insurance company, the registered vehicles insurance, or the person who hit us insurance. I am in contact with them daily(person who hit us), so there won't be any denying on their part.

Thanks

 

[JETX]

Should I contact my insurance company, the registered vehicles insurance, or the person who hit us insurance.

Lots of potential problems here.... starting with your 'he is a stand-up guy' assumption!!

Contact HIS insurance agent NOW.... and file a claim. With any luck, you will not have a HUGE problem trying to get him to accept responsibility.

 

[Aven]

I agree with the above post, You MUST contact the insurance agent immediatly.

Then after that, hopefully, he will admit liability and it will be settled from there and you won't even have to talk to the driver either.

If he doesn't then it will be up to the insurance agent on the phone to decide. I'll tell you right now that normally from what I have seen, the person getting rear-ended is always the one that is most likely to win because afterall... there is clear proof that they hit your car, you didn't.

 

[MrJenkins]

Thank you for all your help.

I will contact them now. I wasn't sure the exact procedure. Also, the person who hit us is the gf of one of the passengers in my vehicle. I don't believe she'd try to deny responsibility with the factors involved, however, I am sure stranger things have happened.

Wish me lucky and let's hope it doesn't turn into a circus. Next time, call the cops? Does that always help the case?

Thanks

 

[lawlady1]

What to do after an accident....

Calling the cops does not necessarily "help" the case, but it does provide a convenient and reliable record of information that is useful as you gather facts necessary to pursue a claim. There is nothing wrong with assuming that someone is a "stand-up" guy/gal, etc. as it is unlikely that someone would deny fault in a rear-end collision. More importantly, however is the fact that you need to advise both insurance companies that the accident occurred. In some states, notifying your carrier within a proscribed number of days (10 for example) is the LAW. From there, you will need to get the name, address, fax number of the adjuster and the claim number associated with your accident. Many insurance companies will have one adjuster for property damage and one for injuries, so do not be alarmed if this happens. If you are injured, you need to seek appropriate medical care and follow the guidance of your doctor to the letter as gaps in treatment and failure to follow medical advice may be used against you down the road to show that your injury was not that serious. Finally, do not sign anything at this stage.
Best of luck ,
Law Lady