Your rights when you file a claim
Here's what you should expect from your insurer:
- A timely and clear explanation of their coverage decision
- A clear explanation of how they will pay your claim
- Timely responses to your questions
- Timely payments
Your responsibilities when you file a claim
The amount of time you have to file an auto insurance claim after damage or an accident will vary based on your policy and insurance company. Make sure to verify this part of your policy with your agent. You'll need to protect your car from any further damage and from causing injury to you or others. Keep receipts for any roadside service expenses, such as towing.
Getting a rental car
Rental car policies vary, but you can purchase additional rental car coverage to provide you with more options. If you're at fault, check your policy or with your agent to see if you have rental car coverage. Delays on vehicle repairs could cause you to exhaust the rental car limit on your policy before the repairs are completed. If you reach the policy limit, you might have out-of-pocket rental car expenses.
If the other driver is at fault for the accident, their insurer may offer you some type of rental car coverage — either on a reimbursement basis or on a direct bill set up (the insurer pays it directly to the rental agency).
Choosing an auto repair shop and repair parts
Typically, the choice is up to you for the auto repair shop.
Talk with the insurance adjuster about what kind of parts they want to use to fix your car. The adjuster might recommend using Original Equipment Manufacturer (OEM) parts or non-OEM parts (also called aftermarket parts). They might also choose to select used parts from the same year as the damaged parts. If you demand they use new, OEM parts, you may have to pay for the difference in cost.
Nationwide, auto repair delays have risen due to auto parts and staffing shortages. It may take as long as six months to repair damaged vehicles. To avoid paying storage fees, it is a good idea to pick up your vehicle as soon as possible or give the insurance company permission to move your vehicle to avoid any additional storage charges.
These supply and availability issues are beyond your insurance company's control, and we cannot force them to speed up the process.
Subrogation and your rights
When you file a claim, your insurer can try to recover costs from the person responsible for your injury or property damage. This is known as subrogation.
Recovering your deductible
If you paid a deductible, your company must include your deductible in its subrogation demand to the at-fault party. If the accident investigation reveals that you're partially at fault, then you'll only recover a percentage of your deductible.
Your obligations to your insurer
During the subrogation process, your insurance company expects your cooperation. Notify your insurer if you intend to agree to a settlement with the at-fault person or their insurance company. Notifying them in advance ensures you don't risk your company’s right to subrogation. These obligations shouldn't interfere with receiving your benefits and full payment for the injury and damages you suffered.
Filing a diminished value claim after an accident
Diminished value is the difference between the market value of your undamaged car before an accident and its market value after you have it repaired. Typically you’ll file a diminished value claim against the insurer of the at-fault party and not your own insurance. Some auto insurance policies don't cover diminished value.
What you need to do to file a diminished value claim
If you decide to file a claim, you’ll need to prove your claim with supporting documentation. Some car owners file a claim on their own or hire a private company to document the lower value. Even then, an insurer may argue against it. You could end up needing legal advice.
The insurer doesn't automatically pay you for diminished value. It's subject to proof that your car's market value decreased even after repairing it. If you plan to file a claim for diminished value, we recommend you talk to your claims adjuster.