Why Can’t The Other Person’s Insurance Fix My Car Immediately?

There is both a legal and practical reason why an at-fault person’s insurance company will not immediately pay to have your car fixed. The practical reason is based on the fact that there are good and bad insurance companies. If the at-fault driver has a bad insurance company, then that could lead to problems. A substandard insurance company will not return calls and will deny claims. The legal reason depends on how the at-fault driver responds to the situation. If a good driver with a good insurance company hits your car and immediately calls their insurance company to notify them and admit fault, then a good insurance company would start preparations to inspect your car and handle the claim. This would be an ideal situation.

It’s the non-ideal situations in which people become frustrated. If an at-fault driver is not a nice person and does not report the incident to his insurance company, then the insurance company will have no notice of the accident until you or your attorney call them. If this is the case, then the insurance company may respond by saying that they are going to wait until their insured customer calls them. However, that could take weeks or never happen at all. They may refuse to take any action until you provide them with a police report documenting that their client was at fault for the accident.

As a practical matter, police departments are often very busy and may give you a driver exchange or a case card with a case number on it, instead of an actual police report. You may have to wait 14 days or longer just to get a report to find out the identity of the other driver. If this is the case, then there is no way that you’re going to get your car fixed immediately. The next issue is, who’s at fault? If the police gave a ticket to the other driver for causing the accident, then there should not be a problem. However, if the driver says “No, I think he was speeding and I stopped at the stop sign but he was speeding,” then there will be a liability issue and the insurance company may not pay right away (or at all) or they may offer you 50% or less of the cost to repair or replace your vehicle, by placing some of the responsibility of the accident on you.

If you had purchased the option “ collision” on your auto policy, then your auto insurance company will have your car fixed immediately. There is usually a deductible of $500 or $1,000, which is what you would have to pay once the car is fixed.

Why Does My Insurance Have To Pay My Medical Bills If The Other Person Caused The Car Accident?

Florida is a “No-Fault” state, which means that regardless of who is at fault in an accident, you must turn to your own insurance company to pay the medical bills. Years ago, people would wind up at the hospital after a car accident and would not be treated if they did not have health insurance, even if the accident was caused by the other person. In order to get people proper medical care immediately, the Florida legislature decided to implement the “No-Fault” law. It doesn’t matter who caused the accident, and that’s why it is called “No Fault.” Every owner of a motor vehicle must carry mandatory personal injury protection, or commonly referred to as PIP insurance. Coverage is usually in the amount of $10,000 and will pay 80% of your medical bills and up to 60% of your lost wages.

Even if you have health insurance, the health insurance company will require PIP to pay first. Once PIP is exhausted, then you can use your health insurance. PIP will pay 80% of the reasonable value of your bills. The reasonable value of your bills can sometimes be twice the cost of Medicare, but that’s really not your problem; that’s an issue between the insurance company and the medical provider. Your insurance company will usually ask for a brief statement about how the accident occurred. They will verify that you are the owner of the motor vehicle and then they will pay accordingly. PIP can also be used to cover 60% of lost wages, but choosing to do so would subtract from the amount of money that would be available to cover the medical bills.  Motorcycles are exempt from the PIP law.

For more information on How Insurance Can Impact Your Auto Accident Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 903-8892 today.

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