If I was rear-ended and the at fault driver was driving a company vehicle, is it better to go through my own insurance company or his?

He wants to turn into his insurer. Is this OK?

Asked on October 11, 2014 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should report it to your insurer as well:

1) This is what you pay for insurance for;

2) His insurer owes no duty to you--it  is *his* insurer, and you are not their customer--so do not count on them offering you a good settlement;

3) If you fail to notify your insurer of the accident, there is a good chance you will then be in breach of your obligations under the policy, which generally include the obligation to report accidents; if you breach your policy obligations, then if  you later need the insurance (e.g. the other side does not pay), your insurer might be able to disclaim coverage due to your breach.

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