Rear-ended accident

[langtusj]

Hi,

I'm in San Jose, CA. I was rear-ended yesterday and reported to my insurance. It was not that big of an accident and the damage was on my bumper only. My insurance adjuster gives us two choices: either going thru with insurance or settling with the other party. I wonder what the pros and cons between these two routes. Since this is kind of small, I want to settle outside (and the other party also agrees to it), but is there any potential problem with that route?

Thanks,

Stanley

 

[OP85063]

Get an estimate from shop and tell the other party how much it will cost to get fixed. It's perfectly fine, the reason you want to get an estimate first, is usually people will say they want to settle outside of insurance, but when the find out how much the bill will be, they backed out.

So for your protection, get an estimate, show it them your settling party, get the money THEN go get your car fixed. Don't fix it then pick up the money or wait for them to go pay the shop, likely will not happen.

Good Luck

 

[ecmst12]

I see ZERO advantage for you to settle outside insurance. The easiest thing for you would be to claim it through the other person's insurance. Then they will pay you the cash directly, you won't have to pay a deductible, and you can decide if you want to fix the damage or just keep the money.

The reason you would go through your own insurance is if the other company is taking too long investigating or otherwise giving you the runaround. You'll probably have to pay your deductible, but they'll get it back for you eventually.

 

[langtusj]

Hi everyone,

Thanks for the responses. I'll try to settle outside of insurance first. Besides, the damages to the vehicle, what else am I entitled to such as my personal time to take the vehicle back and forth to the mechanic shop?

Thanks,

-S

 

[ecmst12]

Nothing. If you rent a car while your car is being repaired, you are entitled to reimbursement for reasonable rental costs, but as far as "inconvenience", that is not compensable.

 

[langtusj]

Thank you. In my opinion, it should since it's not like I wanted to get hit, and spent all of the time to go back and forth, plus the gas nowadays is crazy...Oh well...

 

[moburkes]

Thank you. In my opinion, it should since it's not like I wanted to get hit, and spent all of the time to go back and forth, plus the gas nowadays is crazy...Oh well...

What back and forth? It should take one visit to the repair shop. You've been told by an insurance professional that your best route is to file through insurance, supposedly that is the advice you were looking for, and you've decided not to do that. Now, you're talking about the way it should be versus the way that it is.

Are you here just to vent, or were you seriously looking for legal advice?