Help, please. Car Insurance claim question. claimed or no?

[masraum]

OK, son is making ok money and getting his life on track, it's been a long road. He had a vehicle that was pretty trashed and started having mechanical problems that he couldn't fix or afford to fix. We gave him our second vehicle (the missus has been talking about getting rid of it for over 2 years anyway). Today, he totalled it, accident on the freeway, the story that we heard is that he swerved, lost control and it rolled. He was taken to the hospital via ambulance, his clothes were cut off on the way so they could check him out. He's fine (thankfully, today is his mother's birthday). The car that cut him off and caused him to swerve didn't hit him and kept going. He didn't get a ticket. He had minimum insurance. He has medical through work.

The question is this, should he claim the accident even though it won't help with his vehicle situation and will drive his rate up?

I was initially leaning towards no, but then when it clicked that he'd been taken to the emergency room in an ambulance, no less, I realized that unless his insurance is medical insurance is phenomenal, he'll probably end up with quite a bit of medical bills, and the insurance should help with that. If he gets them, and then doesn't pay, then his credit will be trashed and he doesn't need that, especially since he's about to have to take a loan out (hopefully, he can) to buy a replacement vehicle.

Thoughts?

Thanks.

[MRM]

You will get a tremendous amount of advice, some of it good, much of it bad, asking about insurance claims here. The short answer and the right answer is that he should consult with a personal injury lawyer in your state and make an insurance claim. The driver who cut him off but didn't stop is called a phantom driver. The fault caused by the phantom driver is covered by your son's uninsured motorist coverage and does not get charged against him. There a an infinite number of permutations to how to handle the property damage, possible injury claims, medical bills, time off work, etc., that only an experienced personal injury lawyer can help you navigate intelligently.

[Baz]

^^^ first person I thought should respond, when I read this was MRM. Well done, sir!

Glad your son wasn't hurt badly, Steve!

[masraum]

Originally Posted by MRM

You will get a tremendous amount of advice, some of it good, much of it bad, asking about insurance claims here. The short answer and the right answer is that he should consult with a personal injury lawyer in your state and make an insurance claim. The driver who cut him off but didn't stop is called a phantom driver. The fault caused by the phantom driver is covered by your son's uninsured motorist coverage and does not get charged against him. There a an infinite number of permutations to how to handle the property damage, possible injury claims, medical bills, time off work, etc., that only an experienced personal injury lawyer can help you navigate intelligently.

Thanks, I don't think he has uninsured motorist. I'd be surprised. I suspect he's got the minimum coverage, which in Texas is:

If you choose to buy liability insurance to comply with the law, your policy must have the following minimum limits:

$30,000 for each injured person.
$60,000 for injuries per incident.
$25,000 for property damage.

Thanks for the advice. I think the only 2 things that he'll have to worry about are the bills for him to be checked out today after the accident and the loss of the vehicle which was probably only worth 1500-2000 (15+ yo Ford Explorer with +120k miles but was in very good shape). He's in good shape other than being shook up and a bit stiff/sore. I assume he'll be more sore tomorrow.

So really, all he'll have to worry about are the med bills from the ambulance ride and checkup at the hospital.

[LWJ]

Agreed. And I do this for a living.

[KNS]

I thought everybody had to have uninsured and under insured (for those that actually do the right thing and pay for car insurance).

[MRM]

Correct. Uninsured and underinsured motorist coverage is ncluded in the state mandated minimum coverage. Texas has an absurdly low mandatory minimum but he should at least have that.

Public service announcement to all drivers. Check your UM/UIM coverage. If you are a responsible driver, your greatest risk is getting hit by another driver who is uninsured or underinsured. In that case your insurance steps into the other driver's shoes and car vets you as though he had insurance. Make sure your UM/UIM limits are generous.

[masraum]

Originally Posted by KNS

I thought everybody had to have uninsured and under insured (for those that actually do the right thing and pay for car insurance).

Originally Posted by MRM

Correct. Uninsured and underinsured motorist coverage is ncluded in the state mandated minimum coverage. Texas has an absurdly low mandatory minimum but he should at least have that.

Public service announcement to all drivers. Check your UM/UIM coverage. If you are a responsible driver, your greatest risk is getting hit by another driver who is uninsured or underinsured. In that case your insurance steps into the other driver's shoes and car vets you as though he had insurance. Make sure your UM/UIM limits are generous.

OK, then I'm sure I'm wrong, thanks guys.

[masraum]

Thanks for your advice, folks. Now the hunt is on for a good attorney. Hopefully, today being a holiday, isn't a problem in that regard.

[Seahawk]

MRM is a hack.

[MRM]

Well I certainly wouldn't hire me.