Should I use my collision coverage when I didn’t cause the accident?

Most of the time I don’t handle property damages claims for clients.  They really generally don’t need an attorney for this and with the right poking and prodding (which I can easily tell them to do) things get taken care of by the at-fault carrier.  Most of the time.

But sometimes the at-fault insurance company doesn’t get to the property damage in a timely fashion.  This can be because of a liability investigation, which can be made more complicated by complicated facts or hesitant witnesses/parties.  Or it could also be just because the insurance company just sucks.  Or any other reason.  Regardless of the reason, the effect can be very disruptive for clients.  In North Carolina most of us don’t live in metropolitan areas where public transportation is convenient and affordable.  Getting to and from work, getting the kids to and from school, not to mention daily shopping , etc. are all almost impossible without a car in our area.

So what do you do when you’ve been in an accident that wasn’t your fault but the other side isn’t moving quickly enough to get your car fixed?

If you have collision coverage on your auto policy, that’s your answer.  Many people think that they can’t or should use their own policy when the accident wasn’t their fault.  That’s incorrect.  You can.  There’s no rule against it.  And there’s no penalty.  When you make a claim, as long as it didn’t arise from your own negligence, you can’t be assessed insurance points to raise your rates.  Sometimes you may have to eat your deductible, but as long as you have a good liability case there’s a great chance you’ll get that back from the at-fault company sooner or later; sometimes your own company won’t even make you pay it as they know they’ll get it back from the bad guys most of the time, too.  Moreover, you’ve been paying extra for collision coverage this whole time, so why not use the thing you’ve already paid for!?  It will make your life so much easier because more often than not your own company will treat you better than the at-fault company, who happens to owe you no duty whatsoever.

Accident claims are tricky and you can generate a lot of questions.  Call an attorney if you need help.  Call me. 919-929-2992.