Important
Tips prior to an accident
Getting
into a car accident is no laughing matter. Should it happen, you
should be prepared by acquiring the following items?
Storing them in your glove compartment will make the
experience less stressful?
- A flashlight with fresh batteries in case the accident happens at
night. Do not
connect batteries until you need to use the flashlight.
- Pen and a paper notebook to write down the other driver's
information.
- Keep your insurance company and automobile associations telephone
number in the notebook to call for roadside assistance and
advice.
- Write down Miranda Auto Body telephone number and address to have
your vehicle towed to the body shop.
- Print this page to use as a guide when an accident happens and
store in your glove compartment inside your notebook.
When
an accident happens, follow these simple Golden rules.
Check
for any injuries and medical condition to yourself and any
passengers in your vehicle.
Once assured that everyone is safe, maintain your
composure and investigate the well being of the other
vehicle’s driver and passengers.
As
you approach to other vehicle be cautious and do not argue,
yell, threaten, or blame.
The
primary goal is to ensure everyone’s safety.
Ask about the other driver's well being, act polite, and
keep cool; do not confront a hostile and contentious person.
Be
diplomatic and businesslike; do not take fault or say anything
that could hinder with the insurance settlement process.
Phone
the police
It's
a sound practice to phone the police. The police will provide an
invaluable resource at the time of investigation, which will
effect the insurance settlement.
More importantly, police will create a sense of safety
for all involved.
The
police will complete an accident report if the accident has over
one thousand dollars in damage, which may include physical
evidence, such as the length of any skid marks, whether or not,
each car's equipment was working properly, and details about the
point of impact. They
may also interview witnesses, and record details such as the
time and place of the accident, license numbers and descriptions
of cars, and names and addresses of the drivers and owners of
each vehicle. This
information will prove useful in the settlement process.
You
should write down the name and badge number of the investigating
officer, the name of the agency he or she represents, the
name of the intersection where the accident occurred, and the
number of the police report.
This information will make it easier if you or your
insurance company must contact the police to request a copy of
the report.
Swap
information
You
should then exchange information with the other driver, to
include, name, address, and telephone numbers, as well as each
driver's automobile insurance company and policy number.
In
most states, by law, each driver must exchange the
aforementioned information before leaving the scene of an
accident. If the
other driver refuses to exchange information, record his or her
license plate number, make and model of the car, and report this
to the police.
You
should also get the names, addresses, and telephone numbers of
any witnesses to the accident. Statements from witnesses can
prove valuable if the other driver or the other driver's
insurance company challenges your version of the incident.
Note:
For very minor accidents, drivers may decide to handle the
situation themselves, without including the police or insurance
companies.
Consider
your deductible
The
insurance deductible for collision coverage is the amount you
have to pay when an insurance claim is filed. For example, if
your deductible is $500, and your car needs $2,000 worth of
repairs, you may only receive $1,500 from the insurance company.
If you are 50% or more at fault you're responsible for the first
$500 of any repair.
Should
your deductible be more than the actual cost of repairs?
It may not be worth it to involve your insurance company,
as reporting the accident could raise your premium.
For instance, if your collision deductible is $500 and in
an accident your car suffers a small scratch or dent and the
other person's car suffers no apparent damage, it may benefit
you not to file a claim. You
should bring your car by your local repair shop, and get an
estimate and pay for your own repairs.
Before
making such a determination get a written estimate from a body
shop. Even the most minimal looking scratch or dent could
require an entire section of the car to be painted; this would
make the repair more expensive.
Contact
your insurance company
If
you and the other driver decide not to pay for your own repairs,
contact your insurance company immediately. Failure or delay in
reporting the accident to your insurance company could work
against you if the case ends up in arbitration or the other
driver makes claims against you.
When
you call, the claims department of your insurance company will
ask you detailed questions about the accident, which you should
answer accurately and to detail, you should also provide the
other driver’s information.
They will want to know if the police were called, and, if
so, the number of the police report.
Once
they have received your information the insurance company will
assign your case to an adjuster, who will be responsible for
researching the claim.
The
adjuster may contact you with further questions, and will
probably want to either see the car or a photo of the car, or
will ask you to bring the car to an licensed auto body repair
shop. We trust you
will consider Miranda Auto Body for the repairs.
If the adjuster determines the accident was your fault,
your insurance company is responsible to pay for damages to the
other car; your car will be covered only if you carry collision
coverage.
If
the other driver is found to be at fault, his or her insurance
company pays for all damages. If no fault is determined, or if
both drivers share the blame, then each insurance company
potentially pays half, again if you have collision coverage.
If
you have insurance, and the other driver doesn't, and it was his
or her fault, your insurance company will cover your repairs.
The insurance company will try to recover expenses from the
other driver.
Get
an estimate and repairs
An
insurance company may require you to take your car to an
automotive repair shop and get an estimate on the cost to repair
the fender bender.
If
you've received your estimates from Miranda Auto Body your
insurance company should approve the repair and will pay the
shop directly.
If
you've already paid the repair shop out of your own pocket, and
the insurance company deems you've paid a fair market rate, then
it may send a check directly to you. Hopefully you'll never have
an accident and never have to use any of this advice. But if you
do find yourself in a fender bender, at least now you'll be
prepared.
Where to
repair, It’s your choice!
You have the Right to Choose.
That is the crux of the issue in auto body repair as insurance companies
try to control the care of your vehicle the way they control
your personal healthcare. It
is your right to choose your own collision repair facility
and to have the insurance company pay for safe and proper
repairs to your vehicle so it retains its value and meets
important safety standards.
However,
insurance companies often do not volunteer information about
those rights or what is at stake in the selection of a repair
facility. Instead when you report a collision and need
information about how to get your vehicle repaired efficiently
and effectively, the insurance representative is likely to tell
you about referral shops or preferred shops or merely provides a
list of licensed auto repair shops in the state. That’s not
much help.
Knowledge is Power.
To
help consumers like you navigate through what can be a confusing
process, CARE has summarized your rights regarding auto repair
and highlighted what is at stake in auto body repair.
Know Your Rights.
In
Massachusetts, you have the absolute right to select the
collision repair shop of your choice to make repairs. No
insurance company or independent agent or representative or
staff member of an insurance company or appraiser can legally
refer you to or away from any specific repair shop or require
that repairs be made by a specific repair shop or individual.
Nor can they require you to have your vehicle inspected at their
drive-in claims center. If you request it, your insurer must
inspect the damage to your vehicle at your chosen collision
repair shop. (Reg. 212 CMR 2:04(c) and MGL 26 8G)
- You have the right to have your vehicle towed to any location that
you choose.
- You must notify your insurance company before repairs begin.
- You do not have to go to a drive-in claims center. Your insurer
must inspect the vehicle at any location you choose.
- You do not need to get two or three appraisals.
- Your insurance company is responsible for payment to restore your
vehicle to pre-accident condition.
- Your insurer must negotiate in good faith with the shop of your
choice.
- The registered repair shop you choose can provide an estimate of
damage and assist you with the processing of your claim to
ensure safe and proper repairs are made to your vehicle.
Make Informed Decisions.
There
are compelling reasons to choose a trusted provider who you know
will make sure the vehicle is truly restored to its pre-accident
condition, rather than one "suggested" by the
insurance company. Factors to consider include:
Who does the shop actually work for – you or the insurance company?
Referral
repair shops work for the insurance company. Independent repair
shops work for the consumer.
Insurance
appraisers work for the insurance company. Independent
collision repair facilities work for you. They are
looking out for your best interest. They will negotiate directly
with the insurance company for the proper repairs so that your
vehicle is safe for you and your family. Independent collision
repairers look out for your interests and will serve as your
advocate in the repair process.
Preferred
or referral repair shops represent the
insurance company in both negotiations and the repair of the
vehicle. They contract with insurance companies regarding the
repairs, the costs and the repair procedures. The insurance
company sets the rules and the repair shop simply follows them
to keep the insurance company's costs down. But the cost
reduction has to come from somewhere. It may affect the quality
and thoroughness of the repair service and/or the quality and
condition of the parts used. You have paid your insurance
premiums with the expectation of receiving safe and proper
repairs – not cheap repairs.
What kind of parts will be used to repair your
vehicle?
The
best assurance you have of a correct repair is through the use
of original equipment manufacturer (OEM) parts. Other companies
manufacture parts that are made to look like your vehicle’s
parts, but may never have been crash tested and may affect the
performance and safety of your vehicle.
They
are not covered under your vehicle manufacturer’s warranty and
there are no provisions for recalls based on the safety or
performance of these parts. Consumer
Reports reported on the results of its extensive
study of non-OEM parts in its cover story in the February 1999
issue.
Your
insurance company may attempt to use imitation parts to save
money on your vehicle’s repairs. Independent repair facilities
will help you negotiate with your insurance company for the
appropriate original equipment manufacturer’s parts to
maintain the integrity and value of your vehicle.
Control
Your Decisions.
Exercise
Your Rights
Don’t
allow the insurance companies to make decisions for you. Don’t
be intimidated. Steering is illegal in Massachusetts. Don’t
allow insurance companies or agents to steer you to a specific
shop rather than a trusted shop of your choosing. The practice
of steering places insurance company profits ahead of public
safety and penalizes repair shops that place customer safety
first.
Preserve
Your Rights.
If
you feel your rights have been violated, let state
regulators and
legislators know what happened and that you understand and
value your Right to Choose. As an affiliate of the Massachusetts
Auto Body Association, CARE works to preserve and strengthen
laws and regulations protecting your rights through our
legislative initiatives.
Ensure Your Safety and the Safety of Your Family. Ensure the Value of
Your Vehicle.
To
help you protect your safety and investment, we have provided
answers to frequently asked questions about your rights and what
is at stake as insurance companies try to control the care of
your vehicle the way they control your personal health care.
Call our toll free hotline at 1-877-294-3368.
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