Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 18, 2012

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Insurance Question from North Hollywood, CA

Asked on 03/18/2012

Should I go through at-fault party’s insurance or mine? I was in an auto accident where the other person lost control of their car and came across the double-yellow line and hit the front of my car and totaled it. We are both insured. Should I go through her insurance company or mine? Is there a difference?

Answer given on March 21, 2012

If you have an auto accident, and it is not your fault, you can go through your insurance company for the repairs and then your insurance company will subrogate against the other party’s insurance for the amounts paid out. However, your deductible will apply until your insurance company gets reimbursement for the amount paid.By going through the other party’s insurance, then any payments will be for the full amount due you for the damages to your car, so you are not out your deductible. In addition, you might be entitled to a rental car while the insurance company is determining the settlement amount. If you don’t have rental reimbursment on your insurance, you would have to pay for this out of pocket until everything is settled.Sometimes the other insurance company will not be as fast in responding to the claim and settlement, so there is the convenience factor of using your own insurance company. You might start with the other insurance company and if they are not cooperating, go to your insurance company to get things moving.


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