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Old 03-10-2009, 08:08 AM   #1 (permalink)
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Canada 1st Accident

So I got side swiped yesterday afternoon, the other driver was 100% at fault. In result, my front bumper, driver side is loose along with paint scratches.

What should I do now? Police Report? Insurance Claim? What is the normal procedure?
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Old 03-10-2009, 08:43 AM   #2 (permalink)
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Quote:
Originally Posted by steelman23 View Post
So I got side swiped yesterday afternoon, the other driver was 100% at fault. In result, I my front bumped, driver side is loose along with paint scratches.

What should I do now? Police Report? Insurance Claim? What is the normal procedure?
Well you needed to call the Police to the scene of the accident. Then you needed to fill out the police report and from there the police would have determined who was at fault.

Once you have the police report saying the other driver was at fault then you go to your insurance / their insurance (which you should have gotten immediately following the collision) and sorted out that your repairs will be covered by insurance.

If you failed to call the police to the scene you will have a much harder time getting repairs done through insurance without your rates skyrocketing
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Old 03-10-2009, 08:49 AM   #3 (permalink)
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Well you needed to call the Police to the scene of the accident. Then you needed to fill out the police report and from there the police would have determined who was at fault.

Once you have the police report saying the other driver was at fault then you go to your insurance / their insurance (which you should have gotten immediately following the collision) and sorted out that your repairs will be covered by insurance.

If you failed to call the police to the scene you will have a much harder time getting repairs done through insurance without your rates skyrocketing

damn! about 10 minutes after the accident, I called my insurance company. I'm going to the dealership today for an estimate for the repairs. I think I will go to the Police shortly after and file the report. Hopefully it;s not too late. I have a voice mail on my cell phone from the caller saved. Where she said she was sorry and would pay cash rather than take it up with insurance, so I guess I have that if the Police questions my honesty.

Thanks for the heads up dude.
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Old 03-10-2009, 09:24 AM   #4 (permalink)
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damn! about 10 minutes after the accident, I called my insurance company. I'm going to the dealership today for an estimate for the repairs. I think I will go to the Police shortly after and file the report. Hopefully it;s not too late. I have a voice mail on my cell phone from the caller saved. Where she said she was sorry and would pay cash rather than take it up with insurance, so I guess I have that if the Police questions my honesty.

Thanks for the heads up dude.
not a problem. I've had to deal with that stuff before. Just make sure your insurance company doesn't increase your rates, because you were not at fault. if you were at fault they would go up, but you weren't, so you should be ok.
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Old 03-10-2009, 09:32 AM   #5 (permalink)
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definitely not at fault.

but yeah what a hassle and waste of my time. stupid female drivers :P
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Old 03-10-2009, 10:20 AM   #6 (permalink)
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Originally Posted by steelman23 View Post
definitely not at fault.

but yeah what a hassle and waste of my time. stupid female drivers :P
you know them wimmenz

But hope things work out for ya soon.
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Old 03-10-2009, 10:34 AM   #7 (permalink)
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You do have the other party insurance pink card copied or at least the info written down, right? is that the only car you have? if yes, you need a rental while the car is in the bodyshop. I would claim for insurance since you are not at fault and insurance will cover rental car for you as well.
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Old 03-10-2009, 10:43 AM   #8 (permalink)
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You do have the other party insurance pink card copied or at least the info written down, right? is that the only car you have? if yes, you need a rental while the car is in the bodyshop. I would claim for insurance since you are not at fault and insurance will cover rental car for you as well.

yup, definitely got her info. lol although i didnt get her licence plate. i know...

but got everything else, policy number, name, drivers licence, etc. she got only my name and phone number.

and yes the insurance company said i will be given a rental provided im not at fault. im going to the dealer after work to get an estimate, then the police station to file the report.
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Old 03-10-2009, 10:47 AM   #9 (permalink)
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yup, definitely got her info. lol although i didnt get her licence plate. i know...

but got everything else, policy number, name, drivers licence, etc. she got only my name and phone number.

and yes the insurance company said i will be given a rental provided im not at fault. im going to the dealer after work to get an estimate, then the police station to file the report.
While you can get an estimate at the dealer, her insurance company will ultimately have to approve of the shop the repairs are done at.
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Old 03-10-2009, 11:05 AM   #10 (permalink)
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While you can get an estimate at the dealer, her insurance company will ultimately have to approve of the shop the repairs are done at.
Very true... some shady insurance companies will not allow work to be done at a Dealer.. They will ask you to go to a preferred body shop of their choice... and then get the quote from them. Its a horrible run around they put your through
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Old 03-10-2009, 11:07 AM   #11 (permalink)
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well she's with TD. I'm with Western (a division of ING Direct)
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Old 03-10-2009, 11:08 AM   #12 (permalink)
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Originally Posted by sinnaever View Post
Very true... some shady insurance companies will not allow work to be done at a Dealer.. They will ask you to go to a preferred body shop of their choice... and then get the quote from them. Its a horrible run around they put your through

and yeah no kidding. quite the wrench in my weeks evening plans, and even more a pain in the ass. especially when she was at fault. 100%.

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Old 03-10-2009, 11:17 AM   #13 (permalink)
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i know my insurance company requires proof of who is at fault. this requires a police report at the scene of the accident. i dont think whoever writes the report is going to be willing to make a determination of fault after the fact without the other driver coming in and admitting fault. i dont see her insurance company being liable for anything until there is proof of who is at fault. hopefully, the other driver will be willing to admit fault either at the police station or to her insurance company.

since the other driver said she would pay cash and didnt want to get involved with insurance, im not sure she is going to be willing to admit fault now. good luck.
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Old 03-10-2009, 11:27 AM   #14 (permalink)
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i know my insurance company requires proof of who is at fault. this requires a police report at the scene of the accident. i dont think whoever writes the report is going to be willing to make a determination of fault after the fact without the other driver coming in and admitting fault. i dont see her insurance company being liable for anything until there is proof of who is at fault. hopefully, the other driver will be willing to admit fault either at the police station or to her insurance company.

since the other driver said she would pay cash and didnt want to get involved with insurance, im not sure she is going to be willing to admit fault now. good luck.

well she said numerous times she was sorry, and at fault. I also have a witness (my passenger) that got out of the car about 10 seconds prior. and if that still doesnt hold. i have a voice mail that she even says, sorry, and she is willing to pay cash straight up and anything to avoid going through insurance.
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Old 03-10-2009, 11:35 AM   #15 (permalink)
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but keep in mind, if you are going to accept the cash deal, you are not going to get a rental car from her insurance company. To avoid going through all those trouble, I would go claim her insurance. If you decided to claim on hers, her insurance company will send an adjuster to see your car or they will tow it to their contracted bodyshop.
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