Expert: Bennie719 - 4/13/2009

Question
QUESTION: My insurance was cancelled a few days before I got in an accident. I was hit by a car and it made substantial damage. How do I file a claim to the other drivers insurance company?

ANSWER: Hi Korey,
Since you were uninsured, you can anticipate some problems from your state Motor Vehicle Department and the police authority that investigated the accident.
This in no way effects your legal right to recover Property Damage
and/or Bodily injury payment from the at fault party.
Go to your state, county or city police that investigated the accident and purchase a copy of the police report for about $10.

This will provide you with the name, address and insurance company and policy number of the other driver.  Simply approach that company direct (in person or by phone) and file a claim.

If the police report is clear cut that the other driver was at fault,
you should have no problem settling this claim.  
Once some companies learn that you were uninsured, they will attempt to jack you around, drag out the claim, and attempt denial when every fact points to their client being at fault.  The number of companies that will function in this manner is very large, but they only insure a small percentage of the population.

As this situation progresses, please feel free to contact me with follow up questions as they arise and I will attempt to provide you with more answers.  Please provide me with your state of residence and the state in which the accident happened in your first follow up. Your feedback by rating my answer to this question will be appreciated.

If you were injured, you should be receiving treatment from medical doctors, physical therapists and medications that your doctor may
prescribe.

Sincerely,
Bennie
San Francisco Bay Area

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

QUESTION: I will definitely contact the insurance company today. I live in Philadelphia, PA. I received a claim number and am waiting for an adjuster. Will the insurance company ask me about my own insurance? What should be my response. When the police investigate will I be fined?

Answer
Hi Korey,
Yes, I'm sure that you are ask questions about your own insurance.  Just keep in mind to provide 1005 accurate answer to ever questions that are posed to you.

Pennsylvania is a Modified Comparative Insurance fault state with a 51% Bar Rule.  If the adverse insurance company can find sufficient evidence that you are 51% or greater at fault, you have no right of recover.  If you are found to be 50% or less at fault, You will be able to recover the percentage differences.

Example:  If you are determined to be 10% at fault, you will be able to recover 90% of your damages and 90% of your injuries.

As long as the other driver remains at 51& or greater at fault, he has no right of recovery against you.

Bennie