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ICA Sean Shaw Consumer Tips about Auto Accidents and Filing a Claim

Department of Financial Services, Consumer eViews Volume 7 Number 12

March 19, 2010

Sean M. Shaw, Florida Insurance Consumer AdvocateSean Shaw, Insurance Consumer Advocate

Just about everyone can agree that accidents happen, but Office of the Insurance Consumer Advocatewhat should consumers do when they find themselves in an automobile accident? The Office of the Insurance Consumer Advocate would like to share some information regarding automobile insurance and accident protocol.

When on the road, drivers should always have their insurance cards and the phone numbers of their insurance company and agent on hand. The Office of the Insurance Consumer Advocate has a few tips that motorists should keep in mind if they find themselves in an accident:

  • In the event of an accident, consumers should ensure that any injuries are tended to first.
  • Regardless of the circumstances or severity of an accident, consumers should report the accident to the police, and obtain a copy of the police report.
  • Consumers should obtain the information from the other drivers that were involved in the accident including their names, addresses, and phone numbers. The information of any passengers or witnesses should be obtained as well.
  • Always write down the make, model, and license plate numbers of the other vehicles.
  • Ask to see the other driver’s insurance card to obtain the name of their insurance company and the policy number.
  • Take photographs at the scene of the accident if possible.
  • Consumers should notify their agent as soon as possible, whether or not they believe they are at fault.

In most instances, consumers will file an insurance claim for damages sustained to their vehicle. There are also some important issues for consumers to note when preparing to get their vehicle repaired:

  • Policyholders have the right to choose where they want to have their vehicles repaired after a collision. Insurance companies can recommend a collision repair shop, but cannot require the policyholder to use that shop.
  • The insurance company must repair the vehicle with parts at least equal in kind and quality to the original parts. The repair work must restore the structural integrity of the vehicle.
  • In the event a consumer’s vehicle is deemed a total loss, insurance companies are required to pay the policyholder the value of the vehicle at the moment before the accident.
  • Policyholder’s should always independently research the value of their car before agreeing to a settlement. In the event the consumer does not agree with the insurer’s offer, consumers should try to negotiate the value of the settlement.

Consumers that have any further questions regarding auto insurance and auto insurance protocol should contact the Division of Consumer Services within the Department of Financial Services on-line at http://www.myfloridacfo.com/Consumers/ or by phone at 1-877-MY-FL-CFO (1-877-693-5236), toll-free in Florida, and (850) 413-3089 from out of state.