If you've been hit in a car accident and the other driver is at fault, navigating the insurance claim process can be frustrating. Many drivers feel powerless when it comes to repairs. But do you have the right to choose your own auto body shop? The answer is a resounding yes!
In this video, we explore the modern claims process through a real-world example, such as Mark's situation. We will explain how to take charge of your repair journey.
🛠️ Your Rights and the Modern Claims Workflow When you are not at fault, you have the power to steer the process. Here is the most advantageous path (Path A: The Direct Approach):
- File the Claim: Contact the at-fault driver's insurance company directly (a third-party claim).
- Assert Your Choice: Clearly communicate to the claims adjuster that you have chosen your repair facility. Expect them to arrange payment directly with that shop.
- Understand Payment: The insurer will likely start with a photo-based estimate for efficiency. They will send the initial payment to your chosen shop.
- The Supplement Process: If hidden damage is found once the shop starts work, they will submit a "supplement" to the adjuster, who then approves and pays the additional cost. This workflow ensures you are protected from payment disputes.
- Why Path A Works: This approach transfers the entire administrative responsibility to the at-fault party's insurance provider, and importantly, it prevents you from having to pay your deductible.
🛑 Backup Plan: When to Use Your Own Insurance (Subrogation) If the other driver's insurer is slow, uncooperative, or disputes liability, you can use your own collision coverage (Path B) to speed things up.
• You must file the claim with your insurer and pay your deductible upfront to the repair shop.
• Your auto insurance company will handle the repair costs and then request reimbursement from the at-fault driver’s insurance through a process called subrogation. This includes recovering your deductible.
💸 What About a Cash Payout? While the old method sometimes resulted in initial checks that were too low, today, getting a cash payout for the actual cash value of the damage is typically an option if you decide not to repair the car or if the vehicle is declared a total loss. Feeling unsure about your rights after an accident? The team is here to be your advocate and help you navigate claims with confidence.
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