Car insurance claim question - Drunk man ran in front of my car!!!

[seven_of_nineski]

My friend was driving my car, with me as the passenger, the other night. A drunken homeless man was jaywalking (more like jayrunning) across the street (in the dark) and ran right in front of us as we were turning into the left turning lane. He was coming from our right side, and when we saw him my friend turned the wheel sharply to the left so we would not hit him head on. He was hit on the right side of my front bumper and fender and made a huge dent. Luckily, he survived with what looked like only some minor wounds but was taken to the hospital just in case. The police said he is always drunk and wondering around that area, and it was unfortunate this happened to us.

The estimate for the damage made on my car is approximately $980. My Geico deductible is $500, so after paying that it would be covered, but I am afraid that if I make the claim my rates will go up sky high because even though the accident wasn't our fault we hit a physical person...so I think that would make a difference. If anyone has advice or suggestions I would really appreciate it. Thanks!

 

[Nerys Ghemor]

Do you know what was put on the police report as to whose fault it was? Also, who got the ticket from the cops--you, the drunk guy, or both?

 

[seven_of_nineski]

I am waiting for the police report to show up online so I haven't seen it yet. The police officers acted as if it wasn't our fault so hopefully the report would make that clear. We did not recieve a ticket and I don't think he got a ticket...but I really have no clue for sure. One of the police officers said he will probably be back out there next week and get hit by a car again...isnt' that ridiculous?!

 

[Tora Ziyal]

As I recall (it's been a few years since I was in an accident), GEICO does not increase your premium if you were not at fault -- or even if you were, if it's been a certain length of time since your last claim. A year maybe?

 

[seven_of_nineski]

I have never made any claims, so that's a plus.

 

[Trekker4747]

Hmmm, I'm not sure what happens here. Usually if you're not at fault the one who IS at fault pays for the repairs but obviously the drunk homeless man doesn't have insurance. Does your insurance cover you for accidents involving uninsured drivers/encounters? Other than that... sue the city for not controlling public intoxication? (Particularly in this case where it seems the police knew the man was a problem.)

If you're not called at fault on the accident report then no points will go on your license which SHOULD mean your insurance rates won't go up (or at least not meaningfully.) It's regretful, however, because I don't think you have anyone you can go after to cover the damages to your car (so you wouldn't have to pay anything to get the repair.)

Strange situation...

 

[Captain Ice]

We're not the people you should be talking to about this. If you look at your proof of insurance, it should have the name and local telephone number for your insurance agent. He/she can pull up your policy and tell you exactly how this affects your rates, whether you have coverage for damage caused by others who are unable to pay (called uninsured/underinsured motorist coverage), whether or not the fact that this guy was not in a motor vehicle matters for your uninsured motorist's coverage, etc. Call and use them. they can also help you with dealing with the repair shop.

Another thing you need to ask him/her is whether you have rental car coverage or not. Note that this is NOT coverage for driving a rental car, but whether your insurance company will pay for you to have a rental for the period of time that your car is in the body shop. Otherwise you will have to foot that bill yourself.

That being said, this is an instance where being a pain in the ass would be a good thing. Call the body shop yourself and ask for updates. Keep asking your agent/agency questions until you absolutely understand what is going to happen. Most importantly, do not sign off on the work until YOU are happy with the repair to your vehicle.

 

[SmoothieX]

Was the pedestrian tested for his BAC? If it can be shown he was legally drunk, I imagine that would bolster your case in having no fault in the matter.

I was in a minor fender bender a couple years back where I was stopped in traffic, waiting for an opening to make a left turn and someone rear ended me. My insurer, Liberty Mutual, waived the deductible, and never raised my rates.

As for rental coverage, it's a cheap add on that is very valuable in a pinch. My original policy was under my parents' policy, and then after college I spun it off on my own. They didn't have rental coverage. I got T-boned by some asshole who ran a stop sign and my car was in the shop for weeks. I spent an arm and a leg on rentals. I added rental coverage from that point forward.

If you don't have rental coverage, make sure you ask the shop for the collision rate. It's much less than the full rate.

 

[the 4th hanson bro]

We're not the people you should be talking to about this. If you look at your proof of insurance, it should have the name and local telephone number for your insurance agent. He/she can pull up your policy and tell you exactly how this affects your rates, whether you have coverage for damage caused by others who are unable to pay (called uninsured/underinsured motorist coverage), whether or not the fact that this guy was not in a motor vehicle matters for your uninsured motorist's coverage, etc. Call and use them. they can also help you with dealing with the repair shop.

Another thing you need to ask him/her is whether you have rental car coverage or not. Note that this is NOT coverage for driving a rental car, but whether your insurance company will pay for you to have a rental for the period of time that your car is in the body shop. Otherwise you will have to foot that bill yourself.

That being said, this is an instance where being a pain in the ass would be a good thing. Call the body shop yourself and ask for updates. Keep asking your agent/agency questions until you absolutely understand what is going to happen. Most importantly, do not sign off on the work until YOU are happy with the repair to your vehicle.

What he said.

Anything you'll get here is just guessing. Your insurance agent/company can tell you wht will really happen.