We see them everyday in Suffolk County and Nassau County on Long Island, car accidents. They seem to be everywhere, people are always driving too fast, too close, too distracted and always in a rush. So what happens when one of these drivers end up hitting our car? Well, if your car is damaged and you have collision coverage, your insurance company will pay to have it repaired, less your deductible. Then they will go after the at fault car’s insurance company in subrogation to get
paid back. If you have rental coverage on your policy, your car insurance company will pay for a rental up to a certain amount. If the other car caused the accident, their insurance company will likely reimburse you the rental expense as well, or provide additional rental coverage if you need more than what your policy covers. If you do not have collision insurance , you will be at the mercy of the other insurance company to pay for your car repairs. If the car accident was clearly the fault of the other driver, it should not be much of an issue. However, if the other driver doesn’t agree it’s their fault and gives their insurance company some story about how it was your fault, it could become messy. Insurance companies are allowed to go by their insured’s version of the accident. In New York we have pure comparative negligence laws, which means everyone is responsible for their own percentage of fault. So if the other driver says you wer driving too fast, etc., their insurance company will likely not offer to pay for 100% for your car repairs. In fact, unless you are stopped at a light and get hit in the rear, they rarely offer 100%. Even if their insured had a stop sign, they try to get away with offering 80%. Also, many people who are apologetic at the car accident scene on Long Island, change their tune when they get home. If you can, try to get their insurance company on the phone at the scene and have them report it to them in front of you while you can hear what they are saying. They are less likely to say you were at fault while in front of you. I did this the last time someone texting hit me in the rear. I actually called their insurance company at the scene to report the accident , told them what happened and then handed my phone to the other driver to confirm it with their company. If you can do this, I think it is a good idea. Always get the other person’s car insurance company information, license plate number, and driver’s license number. Take pictures of all involved cars and the damage, as well as the accident scene.