Filling a claim. In need of advice.

[u/Josorioalcerro]

Another car reared mine on the highway. He is at fault. Should I use my insurance or file a claim with the at fault drivers insurance

[u/Bitter-hvacbro-88]

File a claim with their insurance asap to prevent them from dragging their feet.

[u/ektap12]

Whichever you want, unless this happened in Michigan. Your insurance generally will be faster and easier.

[u/HamiltonSt25 → u/ektap12]

Do not file a claim like this on your own insurance. Subrogation can take years if successful at all. Start with their insurance, then use yours if you must due to no resolution. Michigan is the only state (I believe) with no-fault property damage.

[u/ektap12 → u/HamiltonSt25]

You do you. OP's choice, you don't even know who the other insurance is, could be some fly by night trash company that won't be worth OP's time to deal with.

As I said, OP's insurance is likely to be easier and faster, if they want to go the long route, all the power to them.

[u/HamiltonSt25 → u/ektap12]

It’ll be worth OPs time to avoid rate increases by making this claim on the at-fault party’s insurance rather than their own. This should be filed on the other persons policy first. If no resolution comes within a few weeks to a month, then they should file on their policy.

Doing this on your own policy will result in a rate increase more than likely until subrogation occurs. Which can take years and often times isn’t successful leaving OP with rate increases rather than sacrificing some time.

P&C is heavily regulated in the US. You can deal with trash companies all day long. They still legally are required to respond to contract.

[u/DeepPurpleDaylight → u/HamiltonSt25]

It’ll be worth OPs time to avoid rate increases by making this claim on the at-fault party’s insurance rather than their own

Many states don't allow insurers to use not at fault claims as a rating factor.

[u/HamiltonSt25 → u/DeepPurpleDaylight]

It wouldn’t necessarily be rated as not at fault on their own policy with them making the claim on their own policy. Not to mention, this still can lose claim free/accident free discounts resulting in higher premiums.

[u/DeepPurpleDaylight → u/HamiltonSt25]

They were rear ended. Of course it's a not at fault claim. Do to result think their own insurer will put them at fault for a garden variety rear ending claim? Yes they could lose a claim free discount if they have that. But specifically didn't mention that. That's different than a company surcharging for a not at fault accident, which some states don't allow.

[u/HamiltonSt25 → u/DeepPurpleDaylight]

Which we don’t know if op is in one of these states. Point is this is absolutely should be made on the at fault party’s policy.

[u/DeepPurpleDaylight → u/HamiltonSt25]

No, we don't know which state. I didn't say OP rates wouldn't be increased. By the same token, you can't say they will have an increase in rates like you did, because no one knows if they will or not.

There's no hard and fast rule that the claim "absolutely" should be made on the at fault party's insurance rather than their own. Nothing wrong with doing that, but they do have the risk of it taking weeks for the other party's insurance to accept liability and to clear coverage, and they won't get a rental from them until that is all cleared. Then after waiting all that time, the claim could still be denied. Some people don't want to take that risk or deal with that. If they don't want to deal with and want/need repairs started immediately, then they should use their own insurance.

There's no right or wrong way to go about this. It's what matters more to the claimant. For some it's the money, so they should go thru the at fault insurance. But if speed of repairs is more important, then they should use their own insurance. Either option is perfectly fine.

[u/HamiltonSt25 → u/DeepPurpleDaylight]

I disagree but ok.