Parking Lot Accident

[Name Changed]

I don't think that's correct.  AFAIK, as long as the accident would be held as 50% responsibility for each party, neither your rates nor hers would go up.  And if the damage on each side is less than the amt of the respective deductibles on each side, it obviously doesn't pay for anyone to fil a claim, nor should anyone pay the other for damage. 

That said, I do not believe it will negatively impact either one of you to actually file a claim, let the two insurance companies discuss it, and the claim will be satisfied 100% on both sides by the parties' respective deductibles --  so that from an insurance perspective, it's a non-issue/non-event.  You can easily call GEICO to confirm -- call doesn't even have to anonymous.  They may mention that premium decisions in the future rest with the underwriting group -- so that they can't answer "definitiely" -- but they usually have a good idea how to answer, and will share their thoughts.

I disagree, I know a few people that had Geico, and were in an accident that was the other parties fault and their rates went up

[Saver2000]

I don't think that's correct.  AFAIK, as long as the accident would be held as 50% responsibility for each party, neither your rates nor hers would go up.  And if the damage on each side is less than   the amt of the respective deductibles on each side, it obviously doesn't pay for anyone to fil a claim, nor should anyone pay the other for damage. 

Liability doesn't usually have deductible.

[David B]

I don't think that's correct.  AFAIK, as long as the accident would be held as 50% responsibility for each party, neither your rates nor hers would go up.  And if the damage on each side is less than   the amt of the respective deductibles on each side, it obviously doesn't pay for anyone to fil a claim, nor should anyone pay the other for damage. 

Liability doesn't usually have deductible.

I'm not referring to liability.  With a collision between two parties, each side files a claim with its own insurance company, each insurance company pays for the damage to its insured subject to the terms of the policy (i.e. if there was $1,000 in damage and you have a $500 deductible, the policy will pay the $500 beyond the deductible).  Then the two insurance companies negotiate with one another to try and reclaim money they spent from the other insurance company -- where relative liability is absolutely used to figure it out.  If the two companies can't agree (which happens most of the time) they go to arbitration to determine.  And in either case, when the damage on each side is less than the amount of the respective deductibles on each side, AND IF IT IS OBVIOUS TO BOTH PARTIES AND INSURANCE COMPANIES THAT FAULT IS ON BOTH PARTIES EQUALLY, there is nothing for the insurance companies to discuss or fight about.  If one party were clearly at fault (as in a rear-end collision), then even if the damage were only $400 for each, the insurance company of party that was not at fault will attempt to recover the $400 from the party at fault on behalf of their insured who was not at fault, and forward the $400 already spent by them to fix their car.

[David B]

I disagree, I know a few people that had Geico, and were in an accident that was the other parties fault and their rates went up

I've been insured with GEICO for 24 years and it has never happened (think I'm older than the average DDFer).  It's possible I get favorable treatment as a long-time customer.  But I do know that you can absolutely call them to discuss and find out what they think -- and that phone call will have no negative bearing at all on you insurance or rates.  If you don't file a claim, you don't file a claim.

Regarding the situation at hand in general, if there is roughly equal damage to both cars/parties, and both seem equally at fault, it would seem to make no sense for anyone to file a claim.  The only time to file a claim would be if the other party is attempting to place blame on you, and you feel that such blame is not justified, then you are better off letting your insurance company fight on your behalf.

[Saver2000]

I'm not referring to liability.  With a collision between two parties, each side files a claim with its own insurance company, each insurance company pays for the damage to its insured subject to the terms of the policy (i.e. if there was $1,000 in damage and you have a $500 deductible, the policy will pay the $500 beyond the deductible).  Then the two insurance companies negotiate with one another to try and reclaim money they spent from the other insurance company -- where relative liability is absolutely used to figure it out.  If the two companies can't agree (which happens most of the time) they go to arbitration to determine.  And in either case, when the damage on each side is less than the amount of the respective deductibles on each side, AND IF IT IS OBVIOUS TO BOTH PARTIES AND INSURANCE COMPANIES THAT FAULT IS ON BOTH PARTIES EQUALLY, there is nothing for the insurance companies to discuss or fight about.  If one party were clearly at fault (as in a rear-end collision), then even if the damage were only $400 for each, the insurance company of party that was not at fault will attempt to recover the $400 from the party at fault on behalf of their insured who was not at fault, and forward the $400 already spent by them to fix their car.

She claims she is not at fault.  She therefore wouldn't need to pay any deductible.

[David B]

She claims she is not at fault.  She therefore wouldn't need to pay any deductible.

If she thinks she is not at fault, she would still file a claim with her own insurance company, and would ABSOLUTELY need to pay out of pocket for the amount of the deductible, and her policy would cover damage TO HER car beyond that (if any).  Her insurance company would then file a claim with Dan's insurance company in order to attempt to recover the deductible on her behalf.  They would only succeed in recovering the deductible on her behalf IF Dan's insurance company agrees that Dan is liable -- and typically, unless relative liability is obvious (or accepted, as in the case of being hit by someone from the rear) the two companies do not agree with one another in the mediation phase, and the claims get settled with binding arbitration (tens of cases/claims at a time).  And when settled, the cases typically get settled 50/50, and in the case where the damage is roughly the same on both sides, no money is recovered for anyone (as $1 sent in one direction would just be sent back in the other direction).

[Saver2000]

I've been insured with GEICO for 24 years and it has never happened (think I'm older than the average DDFer).  It's possible I get favorable treatment as a long-time customer.  But I do know that you can absolutely call them to discuss and find out what they think -- and that phone call will have no negative bearing at all on you insurance or rates. If you don't file a claim, you don't file a claim.

I'm sorry to say, but that is totally incorrect.  Insurance companies require you to report any accident that you were involved in. It is then up to them to decide wether or not to raise your rates.
If you call to discuss an accident,  they will tell you that you are required to report. If you don't plan on reporting it, you should just ask them general questions with out having them pull up your policy.

[Saver2000]

If she thinks she is not at fault, she would still file a claim with her own insurance company, and would ABSOLUTELY need to pay out of pocket for the amount of the deductible, and her policy would cover damage TO HER car beyond that (if any).  Her insurance company would then file a claim with Dan's insurance company in order to attempt to recover the deductible on her behalf.  They would only succeed in recovering the deductible on her behalf IF Dan's insurance company agrees that she is at fault.

Definitely not the standard way claims are done. Most people go directly to the other partys insurance.  If their insurance doesn't want to pay, you have two options
A) Back off and not get any money
B) Collect from your own insurance and have them fight it out with the other partys insurance.

[David B]

It is then up to them to decide wether or not to raise your rates.

Of course, its up to them to decide how an accident impacts your rates -- but it would be pretty bad business practice for an insurance co to raise your rates for an accident that was not your fault -- particularly one that involved damage below the level of your deductible such that it counts $0 towards their loss experience.

[David B]

Definitely not the standard way claims are done. Most people go directly to the other partys insurance.  If their insurance doesn't want to pay, you have two options
A) Back off and not get any money
B) Collect from your own insurance and have them fight it out with the other partys insurance.

I don't agree that is standard at all.

The "Standard" way you refer to will only work in a case when you can clearly establish the other party is at fault -- i.e. a police/accident report cites blame (in NYS, the accident reports are coded with numbers in the margin -- the numbers add additional info that the officer determines in his "investigation"), or a "following too closely" summons was issued to a driver who rear-ended someone.

When fault can't clearly be established at the outset (what insurance company will willingly pay the claim of a person who isn't their customer unless they believe it's obvious their customer was at fault),  the "B" you cite above is the "Standard"

[Saver2000]

I don't agree that is standard at all.

The "Standard" way you refer to will only work in a case when you can clearly establish the other party is at fault -- i.e. a police/accident report cites blame (in NYS, the accident reports are coded with numbers in the margin -- the numbers add additional info that the officer determines in his "investigation"), or a "following too closely" summons was issued to a driver who rear-ended someone.

When fault can't clearly be established at the outset (what insurance company will willingly pay the claim of a person who isn't their customer unless they believe it's obvious their customer was at fault),  the "B" you cite above is the "Standard"

Correct.  It is standard for a scenario where she goes to his to insurance and they tell her that they aren't paying bec they don't believe Dan is at fault.

That isn't exactly how you said it here

If she thinks she is not at fault, she would still file a claim with her own insurance company, and would ABSOLUTELY need to pay out of pocket for the amount of the deductible, and her policy would cover damage TO HER car beyond that (if any).  Her insurance company would then file a claim with Dan's insurance company in order to attempt to recover the deductible on her behalf. 

My point is that just bec she is trying to collect from his insurance - thar doesn't necessarily mean that she has to notify her insurance company. After filing woth his insurance,  and getting no place, she can move on without contacting her own insurance.

[Dan]

OK, so I finally met and spoke to the actual owner of the car and she's totally cool if I just buy her a touch-up paint kit and calling it even.
I didn't even mention that the cop said he would write up a report if I wanted saying we're equally at fault as she seemed much more pleasant than the friend (who actually was driving her car at the time) who wanted me to cough up $400.

Assuming the local Honda dealership will carry such an item for an '09 Accord?

[HelpMe]

Be careful when you say someone is right or wrong. States have different rules. Bottom line here is for Dan to tell them to go pound sand.

ETA: You are to nice!

[David B]

Hope it's standard color -- like black.

Sounds like a good resolution...

And we had such a nice discourse on the topic at your expense

Glad to hear you won't be needing any of the sage counsel offered....

[Dan]

Bottom line here is for Dan to tell them to go pound sand.

I should, but I'm too nice
Kind've a sticky situation due to the friend being involved.

[Dan]

Hope it's standard color -- like black.

Their car is a dark grey '09 Accord, mine a dark grey '11 Altima.

Probably will need to go to Honda and Nissan though as both of our cars can use a touch of paint.

[David B]

OK, so I finally met and spoke to the actual owner of the car and she's totally cool if I just buy her a touch-up paint kit and calling it even.

By the way....just thought of something.  As crazy as it sounds, you may actually want to get her to sign a waiver when you give her the touch up paint (and you should find that cop, if possible, and keep his statement in your files).

My wife and I were once hit by a cab in NYC -- totally his fault as he pulled away from the curb without looking, and hit us as we drove along the right lane.  His dispatch company apologized profusely, the drive apologized ANS was issued a summons for an expired hack license, the dispatch co offered to fix our car in their body shop which they own (which we did), end of story.  Until we got a letter suing us six months later...

[sky121]

OK, so I finally met and spoke to the actual owner of the car and she's totally cool if I just buy her a touch-up paint kit and calling it even.
I didn't even mention that the cop said he would write up a report if I wanted saying we're equally at fault as she seemed much more pleasant than the friend (who actually was driving her car at the time) who wanted me to cough up $400.

Assuming the local Honda dealership will carry such an item for an '09 Accord?

I'm a little confused. How come you have to pay for her touch up if you BOTH were at fault?

[Dan]

I'm a little confused. How come you have to pay for her touch up if you BOTH were at fault?

As I said, the friend was convinced that I was at fault, even though the cop said we were both equally at fault.
Frankly for $15 or so I'm not going to start a fight about it, gotta pick your battles.

By the way....just thought of something.  As crazy as it sounds, you may actually want to get her to sign a waiver when you give her the touch up paint (and you should find that cop, if possible, and keep his statement in your files).

My wife and I were once hit by a cab in NYC -- totally his fault as he pulled away from the curb without looking, and hit us as we drove along the right lane.  His dispatch company apologized profusely, the drive apologized ANS was issued a summons for an expired hack license, the dispatch co offered to fix our car in their body shop which they own (which we did), end of story.  Until we got a letter suing us six months later...

Hmm...

[David B]

As I said, the friend was convinced that I was at fault, even though the cop said we were both equally at fault.
Frankly for $15 or so I'm not going to start a fight about it, gotta pick your battles.
Hmm...

Now, arguably, NYC cab drivers (or more correctly, the companies that dispatch them) are among the lowest life forms in New York (second only to rental real estate agents in NYC).  So your friend of a friend will hopefully not go that route....but "Hmm...." is right