I worked at an insurance company, in claims, from March of 2011 to August 2013. (I'm now back in grad school) I've got experience determining liability (or fault) in 7 states in the southeast US, as well as injury (Personal Injury Protection or PIP) claims in Florida.
**Disclaimer!** I am NOT qualified to give legal advice, so don't ask!
Hi Denise,
Whiplash is a common (non-medical) term describing a range of injuries to the neck caused by sudden movement. It's not a diagnostic code as far as I know; usually the diagnosis is described as a 'cervical sprain/strain' or something like that. It's a common injury in rear-end accidents. For example, let's say you were sitting in traffic and a vehicle hit you in the back. Due to physics (or some other fancy science-y phenomenon.... my worst subject in school, can you tell?) you will always travel in the direction of the impact. That, in conjunction with a head rest that is not properly positioned behind your head, may cause your head to jerk back suddenly, and then forward again, thus causing a sudden, extreme movement of your neck, which can cause injury.
Hope this answers your question Denise!
Hi DEB, honestly I always used company written letters. I rarely crafted my own letters. Most companies have an in-house counsel that drafts our letters for us. Sorry!
Hi Tina,
Most likely it's a required procedure on the part of the claims adjuster. You have it right that, as you were driving a car owned by your father-in-law, his insurance would be primary. For a minor accident (if it was determined that you were at fault), his coverage should be fine. However, there can be exceptions, including the following: Lets say that for whatever reason, your father-in-law's policy wasn't active on the date of loss. At that point the other person's insurance could pursue your insurance (since you were driving) for damages.
Although, most likely it is just a procedural thing: if a claims adjuster finds out that someone was driving your car that isn't listed on the policy, they tend to get more information to let our underwriters (our risk assessors) know, in case they need to adjust your premium. If you were a one time driver, it usually doesn't change anything on your father-in-law's policy. After all, you are generally allowed to let someone borrow your car (although I believe on some non-standard policies you aren't, but that's something you can confirm by looking at your own policy documents: most policies are standard; aka you can let someone borrow your car once and a while) However, if you began driving his car regularly, they may need to add you to his policy as a listed driver.
Hope this answers your questions!
Honestly Borat, I just don't have access to that kind of info. Those kinds of claims are handled by a special, highly experienced, unit, and they usually don't send company-wide emails about a suit's progress.
I can't say for sure, but I would guess that in most cases like that, both parties would rather settle out of court: it's just less expensive and time consuming.
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What happens when NEITHER driver is at fault?
Hi MissPink!
To my knowledge, the first responders to an auto accident are always the police and/or medics. Claims adjusters rarely go to the actual scene of an accident. We may request photos if they are available, or utilize a bird's eye view of the area, if liability is in question. After all, when I handled non-injury auto claims, I worked in 7 states of the southeast, all from the (mild) comfort of my little cubicle!
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