In this unique case, would be better to contact my insurance, or the other drivers insurance?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Aug 25, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Palm Beach Gardens, FL

Asked on 08/25/2016

In this unique case, would be better to contact my insurance, or the other drivers insurance? Hello,Help!Another driver, without a license, hit my 16 year old son in their school parking lot July 13. Both his parents’ 13 year old car (probably worth about $3,000) and our 3 year old car (worth about $17,000) were totaled. No one was hurt. I have their policy number from the police. My son got a ticket for running a stop sign, based on 3 witnesses. He rolled through it, which everyone does - I could easily prove it by taking video. A body shop mechanic estimated the other driver was doing about 60 mph, in the 15 mph parking lot. The other driver never hit his brakes, as the police noted there were no skid marks. He estimated my son was traveling about 10 mph. I have not contacted my insurance. We only had liability, not collision. My primary is question right now is whether it would be better to contact my insurance (Allstate), or the other drivers insurance (Windhaven in Miami), to attempt to get reimbursement. I have made initial contact with their insurance. They said then they “did not have this information there” to tell if their coverage was active at the time, so it especially seems it would be a big mistake to call my insurance company and tell them about the accident if their coverage was not even active, because then I couldn’t collect anything, right? Right now I am supposed to call Windhaven back with more info, which I now have. Since I don’t know if their coverage was active at the time of the crash, and the details above which makes it unlikely they would sue us (not to mention they are football teammates), I don’t see why at this time I shouldn’t try to avoid my insurance company and try to just go through their insurance company myself. Do you agree? Or by going calling my insurance company do you think they would get me a better reimbursement? I was told by a 3rd party it doesn’t matter whether or not they had collision coverage, that I could still file a claim either way - right?If they did sue me (again, I think highly unlikely), then I could call my insurance company, right?Thank you!

Answer given on August 28, 2016

Since you did not have collision coverage on your car, there is no reason to call your insurance company at this time to report the claim. You may have to report it at a later date if the other driver files a claim against your son for the collision. If they do, your insurance company will have to investigate the claim to determine if your son is liable and if so, for what percentage.Follow up with the other driver’s insurance company with the additional information they needed. They will also have to take a statement from their insured driver and determine the percentage of responsibility. It is possible you will get a partial settlement offer since the case of speed would most likely have a greater effect on the resulting accident. However, running a stop sign will make your son partially responsible, whether it was a roll through or not. It was not a full stop.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption