I have a considerable amount of experience in the area of auto accident claims and in judging the "quality" of the competing, major insurance carriers.
"No fault" is a term reserved for bodily injury claims, not property damage. Some states have laws, where, below a certain monetary threshhold, for the purpose of avoiding lawsuits and protracted negotiations over small dollar amount medical expenses, they are considered "no fault"....your own carrier pays the medical bills, without consideration of who is "at fault".
In the area of first and third party auto collision damage claims, it is my experience that attorneys lack knowledge, or much interest in representing you in the process of getting paid by the driver who has caused the accident.
The reason is because attorneys charge so much, most cases are about small enough amounts, that legal expenses suck the money out of the settlement that you would depend on to repair or replace your vehicle. Lawyers end up having very little experience in this area, they don't like to bother with it, and if a lawyer agrees to help, he has to charge you his standard hourly rate. Even if he got you a $10,000 damage settlement, you cannot afford to give him a third of it, and $3300 won't be enough for his time spent, if your case ends up in court, and it takes too long.
If you are male, especially a single one, and under 25, or up to 30 in some places and circumstances (unmarried, recent traffic offenses, prior collision or claims against your policy by other drivers or their carriers, NO INSURER WANTS YOUR BUSINESS. WAIT UNTIL YOU'VE TURNED 25 to shop for another company.
The best companies, if you're cost conscious, are ones without agents. You're paying foir you agent's business expenses and livelihood. Where else would the money come from? the best company....great service and customer satisfaction....I've been a customer, per Consumer Reports readers survey, is AMICA. They will have a couple of regional offices in your state, you have to be referred by one of their current customers, live in a zip code that they do business in, and they are not cheap upfront, after the year ends, they refund a 20 or 25 percent diviidend.
Obtain the Consumer Reports, annual readers survey of auto insurers, check at your library, or join online at their website. Ratinfs drop off, after AMICA at the top of their survey.
Here is one 2007 survey:
http://www.jdpower.com/finance/ratin...ance/index.asp
The business of insurance and baseball are the only ones in the US exempt from anit-trust regs. Competitors compare notes, all do credit checks, collaborate to set prices of premiums, and, for them, it is not illegal, There is no federal regulation, and state laws vary.
The two largest insurers, State Farm and Allstate, both have agents to sell and service their policies. I would stay away from both of them. GEICO is fine for older drivers, and they just screwed my 24 yr old son, jacked up his premium after he made a relatively small, vandalism damgage, compensation calim....remember FILE NO CLAIMS, except the BIG ONE, maybe once in your life....
USAA does have many satisfied customers, but, at your age, eveyone is treated similarly by every company, especially if you've made a claim. Progressive has a rep of writing policies for people who cannot get insurance from other companies, and they charge accordingly.
If you're over 25, and you are a AAA motor club member, check their website or a local office for rates. If you work for a large employer, ask at your human resources office for afiliated insurers. Search for insurance at
www.costco.com if you are a member.
If you want a second opinion, call the largest independent property damage appraisal service, and ask the owner or a key person in the office who they are insured with. If you can get them to admit it, ask who the worst companies that they deal with are.
ALL OF THEM ARE GREAT IF YOU HAVE A CLEAN RECORD AND NEVER MAKE A CLAIM. THEY ALL HATE TO PROCESS AND PAY CLAIMS, and they hate customers who become claimants, and then they want to get rid of you or charge you enough to make back what they paid and future profits.
If you must use an agent, pick multiline, indpendent agent who sells policies for ten or twenty companies. If he's interested in bothering spending the time to find insurance for one, young driver with a blemsihed record, he can offer you a comparison of rates and features of several policies from several companies. Rates are generally lower when stock or bond markets are doing well, because they are influenced by investment returns, as well as by your age, marital status and driving record. Investment return is in a slump for the forseeable future, so there won't be any help, in that regard.
My best advice....DO NOT MAKE ANY CLAIMS for damages to your own vehicle that are less than $5,000.00 if you have any other alternative. If damage is cosmetic and does not involve functionality, and you are partially or fully at fault....do NOT make a collision claim. The money you receive for your claim, is more of a high interest loan, than a payout....you are living the consequences. I am sure that, in hindsight, you would have tried harder to work out privately, who would pay what for your respective damage, if neither of you was ticketed by an investigating officer.
AVOID, when you have a choice...driving in parking lots or on other private property. Do not take that elective, "cut through". Rules of the road and traffic laws, except enforcement of fire lanes and handicapped parking signs,
do not apply, in many places, on non-public roads and lots. This means, in the event of an accident in a parking lot, it is difficult to get blame assigned to the other driver, even if a police person is willing to investigate and write a report. You will most likely have to pay your own damages or file a claim with your own insurer, no matter who is actually to blame.
If you are involved in an accident and you have the good fortune where the other party is found at fault, and is ticketed, or if you confirm that the accident report of the investigating officer determines that the other driver is at fault, make only a third party claim on the other driver's policy. Do not even tell your company, or agent, if there are no injuries involved, you are not at fault, and were not ticketed, that you have been in an accident. Obtain a cooy of the accident report from the police agency, by first asking the investigating officer at the scene, where to obtain it, when, and how much the fee for it will be charged.
When you request a copy of an accident report, request the overlay or code reference sheet, so that you can understand every code/abbrev.on the report
You will not be getting any refund of all or part of your deductible, in my experience, if the accident was partially your fault.
Once you are satisfied that the other driver was ticketed or named as at fault on the accident report....be sure....and there are no injuries to anyone in either car that could turn into a potential claim on your policy, call the other drivers company, ask for auto damage claims and state that you are making a third party damage claim agains their policyholder. Volunteer to hand carry the accident report to their office, if it is feasible and you want to expedite your claim. If the other driver is at fault, and his company is not a "fly by night" insurer, ask on the initial call for rental car coverage, immediately if your vehicle is inoperable or unsafe, billed to them, or, commencing at the time repairs begin.
You will pay no deductible, because you would prevail in a small claims court or a higher civil court suit. The other company, if it cannot defend against your claim because their driver was ticketed or named as responsible in the accident report, wants to settle at minimum expense.
If your car is newer and of high enough value, and you intend to have full repairs made to it, do not accept a "final offer" payment. Choes a repair shop, if it is a larger one, they can even guide you in the thurd party claims process. They prefer third party claims, because there are no deductibles to be harangued over, by claimants wishing to avoid paying them. If your goal is a full repair, it does not matter what the initial damage apparaisal amount is. Simply get a commitment from your repair shop to do the work as described on the appraisers damage report, at no out of pocket cost to you. Hidden, addtional damage, cost of additional parts and labor, and other items missed by the appraiser representing the other driver's insurer, will be paid for in a supplemental billing by that insurer.
Make sure your repaier repairer agrees, before repairs commence, to release your vehicle to you when you are satisfied that repairs are complete, for only the amount you have initially been paid by the insurere, Sign an authorization for the insurere to pay the repairer directly for any addtional amounts, or for the entire cost of repair, for that matter. The repairer will call the appraiser for any addtional inspection of your vehicle during repairs.
If someone else damged your car, this is the best way to deal with it. If you file any claim with your own company, expect to pay your deductible, at least initially, a portion of your rental car expense, and risk having a claim on your "record". Refrain from making any small auto or homeowner claim. Insureres even track addresses for claims experience ratings. Check the claims activity on an address before you buy the property, it could affect your policy rate.
....and get yourself married and over age 30, with no claims or traffic tickets, ASAP. Otherwise, no matter how indignant you may feel, you have little or no bargaining power.