Expert: Bennie719 - 3/26/2008

Question
QUESTION: A police report shows the fault is unable to be determined. Thus, one has filed a claim with his insurance. His insurance recommends him to file another claim with the other car insurance though it may be denied. Can one file two claims with two insurance simultaneously?  


ANSWER: Hi Janeice,
Yes, claims can be filed with both companies but the total amount collected can't exceed the actual damage.
This is a waste of time by the insured.  If he carries collision, his company's obligation is to repair his car (less his deductible) and do all the work to attempt recovery from the other insurance company.
They are having him do their job.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: Thank you for your reply. This leads an interesting question. How to determine whose insurance should be filed claims with, one’s own insurance or the other car insurance if the fault cannot be determined by a policy report or 50% vs. 50%? In addition, if I file a claim with my own insurance but my insurer wants me to complete an insurance accident report, should I compete it or just ask them to order a police report?

Answer
Hi Janice,
Always file the claim with your own insurance company so they can do all the work to determine fault or percentage of fault.
You will definitely need to complete an accident report, after which your company will secure a copy of the police report.
Sincerely,
Bennie