Will my car insurance go up if it is not my fault?
I got involved in a minor fender bender but she doesn’t have insurance and I do. She now refuses to pay even though she wrote a written statement and signed it and she already has multiple charges on her driving record. I am planning to take her to small claims court. The problem is, my dad (I’m 20 so I can do this on my own) won’t let me use insurance because he’s afraid our insurance will go up. The lady doesn’t even have insurance which will make me claim a bit at fault claim with my insurance and that would make my insurance rate go up. When I take her to court, will this make me look bad that I did not use my insurance? Or will my explanation that me fearing my insurance rate will go up be alright? I just want the defendant to pay back for what’s she’s done and promised to do.
- BortLv 68 months ago
If you are not at fault you're not at fault it is that simple. If she hit your vehicle she is at fault and therefore she is responsible for the damage. The thing is that taking her to small claims court is pretty asenine; if she had money she would have auto insurance. If she doesn't have auto insurance the reason she's driving illegally is because she's struggling to survive and can't afford insurance - so she's not going to have any money that small claims court can get off of her either.
Taking someone to court costs money. There are court fees even just for filing the case, if you have a lawyer that is usually a large expense. It's an expense that's really not worth subjecting yourself to to sue someone who doesn't have money in the first place. Nobody can squeeze water out of a rock.
How bad is the damage? If it's just a minor ding it might not even be worth fixing, especially through the auto-insurance, because the repair may cost less than the deductible. For example lets say she hit the vehicle you were driving's bumper and there's a crack in it now. Those bumper covers are plastic and held on by plastic pin holders and only take a few minutes to replace. Depending on the kind of vehicle a bumper cover is usually less than $400 to order online, with shipping, and slap'r on when she arrives already painted and very closely matching the car.
Most insurance deductibles are $500.
The math doesn't make it reasonable to have the insurance charge you $500 for a $400 repair....
If it's just a crack or scratch let it go.
You're not going to get money out of someone who just plain doesn't have money. The courts can't magically cause her to have money she doesn't have either. All that's going to do is cost you money - that you'll never get back.
- Obi Wan KnievelLv 78 months ago
No, your insurance rates shouldn't go up due to this accident. (Important words: Due to this accident.) While the rules and laws do differ by jurisdiction, this rule stays pretty much the same everywhere. If it wasn't you fault, it won't affect your rates on a personal policy. (No promises on a commercial policy, they're not rated the same way)
And no, using your Collision coverage (or Uninsured Motorist, if it covers your vehicle) does not make the accident your fault. That's one of those insurance myths that just refuses to die, just like the red paint surcharge. Collision does cover at-fault damage, but it also covers damage by hit & run, impact by bicycle / shopping cart / roller-blader / pedestrian, and it covers the vehicle if it spontaneously flips over onto its roof for no known reason. (I've never heard of that last thing actually happening, but Collision will cover it if it does.)
You can take the other idiot to court if you want, but you're better off claiming through your policy and letting the insurance company go after her in court. Why? Because they do this stuff for a living every day, and you're thinking of doing it for the first time. They have an entire team of people (called the subrogation department) who do nothing but take people to court for this stuff all the time, and you have... what? Exactly. You pay your insurance company, you probably pay them a whole lot, so let them earn their money for once.
- RichardLv 69 months ago
yes, they will jack it up because they are crooks
- StephenWeinsteinLv 79 months ago
In most states, your insurance can go up if you use it, even if it's not your fault.
It may even be able to go up just for having an accident, even if you don't use the insurance.
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- KayleenRLv 79 months ago
As it was not your fault your insurance should not go up
- regeruggedLv 79 months ago
If you have collision insurance, use it. If you are not at fault, the rates won't go up. Let your insurance company pay and sue the driver. You might get your deductible back some day. Don't admit to any degree of fault.Source(s): Retired claims adjuster
- Anonymous9 months ago
NO! That is what insurance is for. To be used. Her fault. She pays. The judge will declare that and the insurance company will hound her and garnishee her wages from ANY JOB SHE HOLDS IN THE FUTURE or any form of income to get their money back. It is not your problem.
. That is, if it is determined that it is 100% her fault. Who makes that determination is either a Crash evaluator person or a judge(though this job is below his usual duties)...or a cop who happened to be there and could see first hand who hit who.
"he’s afraid our insurance will go up." meaning "HIS" insurance will go up as you are driving a vehicle insured by him. If it should be determined that you are partly to blame for the accident then maybe it will go up $20.00. BFD. Then every year hand him $20.00 to cover the increased cost because of you. Otherwise buy your own insurance.@300+$/year
But if it is all her fault then your insurance rate will not be affected.(other than the cost of inflation which raises everything)yearly. That is normal. The cost of gas is up because of INFLATION. The cost of bread is up since the good old days because of inflation.
- The DevilLv 79 months ago
Sic your insurance company on her. They can fix your car, get compensation for your other losses, and you already paid them for this service. Spend more money on lawyers and court if you want to wait and wait.
- KellyLv 79 months ago
If you file a claim, most likely it will because they will have to pay out on that claim to have the car fixed.
How is dad stopping you from using insurance, is it in his name or is the car? If the insurance and car is in his name, he would have to sue her since it's his property.
Depending on laws in your state, the judge will ask for estimates of damages and will also likely ask you if you had insurance at the time of the crash and if you filed a claim or not. If you do file a claim and it was paid, they're not going to make her pay for that but in some states you can sue the driver if they were found at fault for the insurance deductible you have to pay out of pocket.
Unless this written statement is in a police report or you had it notarized, the judge likely wouldn't accept it in court.
Have you gotten any estimates on repairs to the car? A minor fender bender can still be a large bill for repair. I had someone side swipe my door and the damage looked minimal but the repair itself was still $1800. I paid the $500 deductible, and the insurance paid the other $1300. This guy who hit me was mostly, young, broke and stupid so I didn't sue him, i just paid my deductible and went on with life.
BTW in some states insurance companies know there was an accident with the car whether you make a claim or not.
- MayLv 69 months ago
Excuse me butYour Dad is a moron. What the h3ll does he think insurance is for? Just to pay it and never file a claim? Does he have any idea whether his rates will actually go up as the result of a claim, or is he going on what he "heard"? Yes, sometimes rates do go up but sometimes they do NOT go up. Does he have any idea of what the dollar amount of any increase would be? If he doesn't how can he possibly compare a rate increase with the cost of suing and fixing the car yourself? Lets say that you sue, lets say that you win. How do you propose to collect from a moron that didn't even bother to buy insurance? .In the end you will still have to pay to fix your car anyway.
Report this to your insurance company, file a claim and let them and their free to you lawyers settle this and do any suing that might have to be done.
People who have insurance but are afraid to use it because of the mere FEAR of a rate increase have several screws loose.