Expert: Bennie719 - 10/28/2007

Question
As we were driving yesterday the cars in front of us slowed and then came to a stop. We saw this going on and my husband hit our brakes. We were just about completely stopped when we were hit from behind. My bumper was damaged and my car is pulling to the right. The driver that hit us apologized and said that he was changing lanes and looking behind him to make sure it was clear.
This accident was clearly his fault and he acknowledged that.
Here are my questions, will our rates go up even though it was not our fault. Do we have to file a claim with our Insurance company or do we go straight to his. The person who hit us is also asking us to see how much it would cost to repair and then see if he can pay us directly. He does not want to report this to his insurance.
If we file with his insurance do we still have to notify ours about the incident? HOw many days do we have to file?

Thank you!


Answer
Hi Trisha,
You need to make an immediate report to your own insurance company.  Most state laws require that you make and insurance report within 10 days and your company provide the state proof that you had insurance at the time of the accident.
Irregardless of what the other driver stated at the scene, you have no witnesses and no police report.
He may very well tell an entire different story in his report to his own company.
I trust my answer has been of help, please write again if I can provide more assistance.
Your feedback to my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-28-07 4:08 PM PST