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Auto Insurance Claims: The First InstallmentFrom windstorms to thieves to bad drivers, there are all sorts of reasons why you might find yourself in the position of having to make a claim on your auto insurance.If your car has been damaged, you must report the accident to your insurer within seven (7) days. If the damage is due to a collision, the claim will be made on the “collision” portion of your policy (hence the obvious name). If it is any other kind of damage, or theft, the claim will be made on the “comprehensive” or “all perils” or “specified perils” portion of your policy. Most private auto plans have comprehensive coverage for theft, fire, or other disasters that my damage your vehicle. The other types of plans are usually used in commercial vehicle policies. The Insurer will send its appraiser to the body shop where your car has been towed and assess the damage. The Insurer will pay for the damages based on that assessment. The Insurer is entitled (as of October 1, 2003) to use used parts, provided they are at least of the quality as the parts that were damaged. If you want new parts, you may negotiate a price with the body shop. Once the repairs are done, the Insurer will usually make the settlement cheque co-payable to you and the body shop. If you are not satisfied with the repairs, the Insurer will not become involved in any dispute you may have with the body shop. Sometimes, the insurance appraiser misses some damage, or under-estimates the cost of the damage. If it is significant, you may wish to hire your own appraiser to assess the damage. If you are not satisfied with the Insurer’s property damage settlement, you can sue the Insurer in court for the balance. If you have been injured, you must also report to your insurance company that you have been injured and intend to claim statutory accident benefits (SABS) within 7 days. “The Insurer” is your own insurance company, not the company that insures the at-fault driver. If you do not have your own insurance company, you must claim from your spouse’s or same-sex partner’s Insurer, or the Insurer of the person upon whom you are principally financially dependant or the spouse or same-sex partner of that person. If none of them apply, you may claim from the Insurer of the car which you occupied at the time of the collision (whether as driver or passenger). Only if there are no other Insurers in sight, can you claim from the at-fault car’s Insurer. The Insurer will provide you with the forms necessary to make the claim. You have thirty (30) days from that date to make the claim. If you miss any of the time periods, the Insurer may take longer to respond to your claim, or may deny it entirely. Dealing with claims for SABS is very complicated. Only a lawyer who practices in this particular area can assist you. Even if your insurance company seems to be co-operating with you, remember that your insurance company is in business to make money, not to pay out money, so expect conflict with your insurance company at some time or another. If you want to sue the at-fault driver, you will need the assistance of a lawyer who practices in this area. There is a myriad of time limits, limitations and exclusions which may or may not apply to your case. Don’t expect an insurance adjuster to tell you anything other than that you have no claim. That may not be the case at all. You must put the at-fault driver on notice of your intention to make a claim within 120 days of the accident, and must start your action in court within 2 years of the date of the accident. There are no problems . . . only solutions. |