Pizza Delivery driver hit my car, what are my options?

[oesman]

No-fault automobile insurance has nothing to do with property damage in a car accident. It's sole focus is bodily injury compensation.

Ah yea that makes sense. Don't think I ever lived in one of those so wasn't sure what it was about. Wtf were the cops talking about her insurance going up from the pizza guy hitting her? Just more cop nonsense?

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[ScottyRyan2018]

Ah yea that makes sense. Don't think I ever lived in one of those so wasn't sure what it was about. Wtf were the cops talking about her insurance going up from the pizza guy hitting her? Just more cop nonsense?

One clarification. There are certain states (I believe Michigan is one of them) where their no-fault law specifically covers another person's property (like you hit their house!) or legally parked car, but does not cover any other motor vehicle damages. So, if you are driving down the road and run into Martha's legally parked Buick, bounce off of that and hit Bob in his Chevy truck as he was driving along, and then bounce off that and ran up into the lawn and hit Melvin's crack shack, only some of that would be covered in Michigan (Martha's car and Melvin's crack shack). Bob would be SOL as far as his truck, although that is where collision insurance would kick in.

Here in Minnesota, no-fault strictly covers bodily injury and related economic loss (wage loss, medication, rehab, etc). It does not cover physical property.

There are some certain advantages to no-fault in that medical and economic losses are paid by your own insurance regardless of fault and are usually paid very soon. You don't have to file suit and battle it out. But, some no-fault states cap what can be paid out to the policy limit, and then prevent, or restrict if you can sue above and beyond the limits.

Here in Minni you can sue for damages above the policy limits under certain circumstances (permanent injury, $4,000+ in medical bills excluding diagnostic testing such as x-ray and MRI), death, or a disability lasting longer than 60 days).

So as you can see, no-fault can be a bit complex, but the basic premise is it is for bodily injury and related economic loss and not physical property (unless specifically allowed for by a state's law).


None of the above constitutes legal or insurance advice. The opinion above is just that of a rambling car enthusiast who thinks he knows a little bit about no-fault insurance. Valid in all 50 states. Your results may vary.

 

[lukejay]

Thanks for the tips guys, I really appreciate the help, I will probably call up his insurance company

 

[lukejay]

Thanks for the impromptu insurance lesson Scotty It's not worth it to sue IMO, since legal fees alone would surpass the cost of a bumper respray and a plastic splitter.

 

[EFI]

It's not the police officer's decision on whether or not to involve insurance, that is 100% between you and the other party. All the officer does is file a report of the accident and determine who was at fault. Even though your state may not have "faults" in insurance claims, the accident itself can still have a faulty driver.

What you should do is call up your insurance and have them file a claim while also letting them go after the other guy's company. That's what they are there for, to fight your battles with the others.

That is of course if the damage is high enough to merit insurance battle, as you will have to pony up the deductible at least in the beginning and have to endure a relative long battle with the other insurance company. You may be able to speak with the driver's employer and ask that they compensate you for the damage outside of using insurance companies.

 

[lukejay]

It's not the police officer's decision on whether or not to involve insurance, that is 100% between you and the other party. All the officer does is file a report of the accident and determine who was at fault. Even though your state may not have "faults" in insurance claims, the accident itself can still have a faulty driver.

What you should do is call up your insurance and have them file a claim while also letting them go after the other guy's company. That's what they are there for, to fight your battles with the others.

That is of course if the damage is high enough to merit insurance battle, as you will have to pony up the deductible at least in the beginning and have to endure a relative long battle with the other insurance company. You may be able to speak with the driver's employer and ask that they compensate you for the damage outside of using insurance companies.

Yeah, our deductible is 1k and the damage to our car is probably around $600 max, so that's why we didn't want to file a claim with our insurance co, plus as all of you know, insuring a mustang is pricey (everyone in my family listed to drive this car has a clean record so its lower for us) and filing a claim would just make it worse as our rate would skyrocket. I was thinking about speaking with the employer but my parents are convinced that they will somehow turn it against us or simply not care.

 

[oesman]

Yeah, our deductible is 1k and the damage to our car is probably around $600 max, so that's why we didn't want to file a claim with our insurance co, plus as all of you know, insuring a mustang is pricey (everyone in my family listed to drive this car has a clean record so its lower for us) and filing a claim would just make it worse as our rate would skyrocket. I was thinking about speaking with the employer but my parents are convinced that they will somehow turn it against us or simply not care.

Yea you wouldn't claim it on your insurance, but why not claim it on his? Did he not have insurance or something? Do you believe your mother was at fault here and can't claim it on his? I still don't get this part of the story.

 

[EFI]

Yea you wouldn't claim it on your insurance, but why not claim it on his?

I don't think you can just make claims on other people's insurance just like that. It's usually the insurer that makes a claim on his/her own insurance, or some sort of legal entity.

In this case, you make a claim with your own company (and pay the deductible) then they go after the other company to try and get compensation.

 

[VinnAY]

Hey guys,
So yesterday, my mother was driving our '16 mustang (I wasn't in the car). She was turning left to come out of a community and some moron was speeding to deliver a pizza and narrowly swerved away, scraping the front of her car. There was no damage to his car, but the front of hers was scratched pretty badly:

I attached a pic of the damage below


Thanks!

:lol::lol::lol:

 

[oesman]

I don't think you can just make claims on other people's insurance just like that. It's usually the insurer that makes a claim on his/her own insurance, or some sort of legal entity.

In this case, you make a claim with your own company (and pay the deductible) then they go after the other company to try and get compensation.

Sure you can and no you won't have to pay a deductible or contact your insurance. You can make claims against anyones insurance, and not just car insurance.


By your logic if I didn't have my insurance (if I were a passenger or pedestrian) I would never get paid.


https://www.insure.com/car-insurance/third-party-accident.html

You should then inform the other person's insurer that you have been involved in a crash with one of its policyholders. Relay only the facts of the accident, even if you believe the other driver to be at fault.

Theoretically, you should only have to notify the other party's insurer of your damages and injuries, take your car to a body shop, visit a doctor and expect the insurer to pay your bills.

The only reason to contact your insurance is to give them a heads up in case the other guy claims against you on yours.

 

[EFI]

Fair enough, but "informing" or "notifying" the other party's insurance is not the same thing as filing a claim, you're just letting them know what happened and they take it from there. I don't think you can force someone to file a claim just because you called and told them about some accident.

What I'm saying is, you stand a better chance going through your own company (if a claim is necessary) than trying to go after someone else's insurance on your own. And in the end, if the other company does end up paying for your damages they also pay back the deductible. Most insurance companies also do not ding you for filing such a claim through them especially if they end up collecting on your behalf, so you shouldn't be afraid of filing a claim on your own company because you might have your rates go up.

 

[oesman]

Fair enough, but "informing" or "notifying" the other party's insurance is not the same thing as filing a claim, you're just letting them know what happened and they take it from there. I don't think you can force someone to file a claim just because you called and told them about some accident.

What I'm saying is, you stand a better chance going through your own company (if a claim is necessary) than trying to go after someone else's insurance on your own. And in the end, if the other company does end up paying for your damages they also pay back the deductible. Most insurance companies also do not ding you for filing such a claim through them especially if they end up collecting on your behalf, so you shouldn't be afraid of filing a claim on your own company because you might have your rates go up.

How would I do that if I were a pedestrian?

You are 100% wrong. He opens a claim with the other driver's insurance and if the other driver or a police report shows fault then he will get paid by the other driver's insurance.

His insurance has no steak in any of this unless the pizza guy files a claim.

 

[EFI]

How would I do that if I were a pedestrian?

You are 100% wrong.

Thought we were talking about motor vehicle accidents here? What does getting hit as a pedestrian have to do with the OP's question regarding a vehicle on vehicle accident?

But you do you broski, call up their insurance and see what they say. And I'll continue to use my own insurance company for claims, which has worked several times in the past even though I'm "100% wrong". Maybe it's just my smooth talking that got the ball rolling.

He opens a claim with the other driver's insurance and if the other driver or a police report shows fault then he will get paid by the other driver's insurance.

You must not know how insurance companies work, especially when you are not their client. And what happens if there is no police report or a faulty driver? In most states if the damage is low enough they don't even file a police report. What then?

 

[D24112]

As a neutral observer, if someone pulls out in front of someone that is driving on the right of way and causes an accident the person pulling out is always at fault. Unless there is a fatality where they do the forensics and examine the car computers there is no way speed of either is determined. In an accident where there is little or no damage to the person on the right of way who is cool with not making an issue I could see the police recommending that the the person at fault not make an insurance claim based on minimal property damage. I wasn't there and neither was the OP so I'm only speculating.

 

[oesman]

As a neutral observer, if someone pulls out in front of someone that is driving on the right of way and causes an accident the person pulling out is always at fault. Unless there is a fatality where they do the forensics and examine the car computers there is no way speed of either is determined. In an accident where there is little or no damage to the person on the right of way who is cool with not making an issue I could see the police recommending that the the person at fault not make an insurance claim based on minimal property damage. I wasn't there and neither was the OP so I'm only speculating.

Yea that's sort of what I'm assuming, must have been mom's fault hence they don't want to involve insurance.

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