# Non fault car accident



## Ctp1224 (May 10, 2016)

Has anybody gone through the process of a non fault accident? If so what should be expected?


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## BigJohn (Jan 27, 2016)

What you should expect depends upon a lot more details than what you have provided so far


Ctp1224 said:


> Has anybody gone through the process of a non fault accident? If so what should be expected?


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## Ctp1224 (May 10, 2016)

Big john. I was rear ended pretty good damage to my vehicle. The other vehicle was at fault. I filled out Uber report. Got a police report.


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## BigJohn (Jan 27, 2016)

Were you doing Uber at the time? DoorDash? UberEats? GrubHub?
Did you have a passenger?
Were any injuries involved?
Do you have the driver's information and the insurance information for the at-fault party?
Who is your personal auto insurance provider?
Do you have a rideshare rider onto your personal auto insurance policy?
Do you own the vehicle outright, or is it leased or a Fair vehicle?


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## Seamus (Jun 21, 2018)

Ctp1224 said:


> Big john. I was rear ended pretty good damage to my vehicle. The other vehicle was at fault. I filled out Uber report. Got a police report.


I got rear ended on my way to pick up a pax last year. Fortunately I didn't have a pax in my car. States can be different but in many states including mine when you are rear ended the person that hit you insurance company must pay.

For that reason, because I didn't have a pax in the car I dealt directly with the other persons insurance company and did not even notify Uber or my personal insurance company. If you had a pax in the car though you must notify Uber to protect yourself. The reason to do it directly is that if Uber or your insurance payout the claim even though they get reimbursed by the other insurance company it is still a chargeable accident.

My situation worked out very well and I got a nice payout by the responsible party but had to do all the follow up work myself and stay on top of it.


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## Older Chauffeur (Oct 16, 2014)

Seamus said:


> The reason to do it directly is that if Uber or your insurance payout the claim even though they get reimbursed by the other insurance company it is still a chargeable accident.


This doesn't sound right. Your own insurance company can pay for damage to your car, which then gives them the right of subrogation to collect from third parties. It doesn't change the facts of the accident as to who caused it.


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## Seamus (Jun 21, 2018)

Older Chauffeur said:


> This doesn't sound right. Your own insurance company can pay for damage to your car, which then gives them the right of subrogation to collect from third parties. It doesn't change the facts of the accident as to who caused it.


Your state may be different. Insurance matters can vary state by state. Of course the facts of the accident don't change. If your insurance payed you money it's a chargeable accident for your rates regardless of who is at fault. If the insurance company has no knowledge of an accident because you were paid directly by the other third party then it is not as far as your rates are concerned.


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## BigJohn (Jan 27, 2016)

Seamus said:


> The reason to do it directly is that if Uber or your insurance payout the claim even though they get reimbursed by the other insurance company it is still a chargeable accident.


That is completely false and is a generalization. Sounds like you do not want the entire facts of your accident to be known. Whether an accident is recorded as chargeable to the insured by the insurance underwriter all depends upon the facts of the accident.



Seamus said:


> Of course the facts of the accident don't change. If your insurance payed you money it's a chargeable accident for your rates regardless of who is at fault.


100% NOT TRUE, at least in a non no-fault insurance state such as California.


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## Seamus (Jun 21, 2018)

BigJohn said:


> That is completely false and is a generalization. Sounds like you do not want the entire facts of your accident to be known. Whether an accident is recorded as chargeable to the insured by the insurance underwriter all depends upon the facts of the accident.
> 
> 
> 100% NOT TRUE, at least in a non no-fault insurance state such as California.


Love all the experts. Lets hear the explanation of how an insurance company can raise your rates for an accident they do not know exits because you were paid by a third party and didn't put in a claim. Please explain that to me.


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## BigJohn (Jan 27, 2016)

Seamus said:


> Love all the experts. Lets hear the explanation of how an insurance company can raise your rates for an accident they do not know about because you were paid by a third party and didn't put in a claim. Please explain that to me.


Sorry, but I believe there will be no explanation I can give, no matter how factual and correct, that YOU would accept. You are entitled to your opinion no matter how closed it is to facts.


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## lyft_rat (Jul 1, 2019)

Ouch! looks totaled. Normally your insurance company would extract the money for you. You might ask them for help on procedure. I also wondered about this case. Let us know how you make out.


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## Disgusted Driver (Jan 9, 2015)

Seamus said:


> Love all the experts. Lets hear the explanation of how an insurance company can raise your rates for an accident they do not know exits because you were paid by a third party and didn't put in a claim. Please explain that to me.


While I doubt they would raise rates for an accident that you were not at fault on, the accident will likely go into your MVR, the claim will go into your CLUE, and they do have access to them. See this for example: https://www.thetruthaboutinsurance.com/do-insurance-companies-share-information/


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## Seamus (Jun 21, 2018)

Disgusted Driver said:


> While I doubt they would raise rates for an accident that you were not at fault on, the accident will likely go into your MVR, the claim will go into your CLUE, and they do have access to them. See this for example: https://www.thetruthaboutinsurance.com/do-insurance-companies-share-information/


Thats the point, I was paid privately so no insurance claim exists for any insurance company. The company that owned the vehicle that hit me paid out in cash direct not going through any insurance company. Perhaps I didn't make that clear enough in my post.


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## Disgusted Driver (Jan 9, 2015)

Seamus said:


> Thats the point, I was paid privately so no insurance claim exists for any insurance company. The company that owned the vehicle that hit me paid out in cash direct not going through any insurance company. Perhaps I didn't make that clear enough in my post.


Oh, you said you dealt with the other parties insurance company?? If you settled it privately it never happened, great if you can do it but I'm always worried that a day later they will disavow any knowledge and refuse to pay up. I had a situation where a fedex truck hit me and I filed a police report even though the owner (they are contractors) wanted to pay me directly. That way I had backup to go after his insurance if he didn't pay up. My company (USAA) won't raise my rates if I'm not at fault.


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## Older Chauffeur (Oct 16, 2014)

Ctp1224 said:


> Has anybody gone through the process of a non fault accident? If so what should be expected?


Please clarify- are you in a no fault state, or by "non fault" are you describing being rear ended, in which case one can reasonably assume it was the fault of the driver who hit your car?


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## Seamus (Jun 21, 2018)

Disgusted Driver said:


> Oh, you said you dealt with the other parties insurance company?? If you settled it privately it never happened, great if you can do it but I'm always worried that a day later they will disavow any knowledge and refuse to pay up. I had a situation where a fedex truck hit me and I filed a police report even though the owner (they are contractors) wanted to pay me directly. That way I had backup to go after his insurance if he didn't pay up. My company (USAA) won't raise my rates if I'm not at fault.


Yes I got a police report and initially was dealing with their insurance company. I do not trust anyone. In the process of that before anything was paid they notified their insurance company that they would be paying direct and their claim was never processed. Their insurance company told me they had so many accidents they were paying themselves to avoid cancellation or increases of their policy rate. I had no problem getting my money. I think they were so happy I didn't claim I was hurt they payed right away.


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