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I am in Florida FYI. 

So I go in the gas station. I hear a loud noise, wonder what it was. Some of us go outside, a lady ran into the building and my car, pretty solid hit. The rear of my car is moved halfway into the next spot and there's considerable damage to the rear end. She was in a Hertz rental vehicle and had the $31/day insurance. 

She was pretty messed up on some substance and didn't know where she was, told the officer she was in key west, we are 5 hours from there lol. She was acting very strange and wasn't feeling good so he called the paramedics. 

I had an appointment so I got my paperwork and had to go. I just bought this (fairly nice) car and will have a ton of wasted time dealing with this psycho deciding to drive into everything. Should I contact an attorney before calling my insurance, or what steps should I take to resolve this?
Thanks 

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It'll buff out. Pics would help.

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You have a new car and therefore have full insurance, right? If so, go through your own insurance company and let them handle it.

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call the cop. offer him a week's salary for an updated report. updated report: "upon my arrival to scene of collision, victim of negligent, female driver occupied his vehicle's driver's seat. he complained of severe neck/back pain. for that reason, I advised him to seek medical attention."

now visit your nearest ER, complaining of severe neck/back pain. when finished, contact a PI lawyer. he'll set your up with 3+ months of chiropractic care.

should be good for a $5k+ payday.

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You weren't injured so just call your insurance. I was in a parking lot and watched a lady with a back up camera back right into the side of my car. If the damage is significant, get DV claim going

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Just call your insurance agent right away, and from the sounds of the accident, I wouldn't be driving the car.  When you call, don't give them all the information included in your post.  Just call to report a claim, and then answer their questions systematically.  They'll get to the part about it being a Hertz car that hit you, and that will pretty much be the end of any concerns on your end.  This being property damage only, and you not being in the vehicle at the time of the accident, there's no need to get an attorney involved.  As an aside, you might consider that she was experiencing some kind of medical emergency rather than her being a "psycho."
 

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Or just leave out the part about what she was on, etc. since it doesn't matter in the least bit, and frankly makes you look kind of foolish. She hit a parked car--case closed; her fault. Call your insurance company, assuming you have full coverage, and let them handle it all. Done.

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Quikboy4 said:   You have a new car and therefore have full insurance, right? If so, go through your own insurance company and let them handle it.
  Not everyone agrees with me, but I will second this.

You need to report to your insurance to protect your coverage of the incident, your insurance company knows their rights better than you know yours, your insurance company has a working relationship with most other insurance companies, your insurance company is capable of exerting their rights, ...

Claims through your own insurance company generally go significantly smoother than going after another company on your own.  Once your insurance provider determines that you are not at fault, it's zero points against you regardless of whether they collect from the other company or not.

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Is the $31 a LIS or LDW? If LDW (Which most are) you need to sue her, if LIS then Hertz will pay out.

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forbin4040 said:   Is the $31 a LIS or LDW? If LDW (Which most are) you need to sue her, if LIS then Hertz will pay out.
The hertz form says LDW..

jaytrader said:   Or just leave out the part about what she was on, etc. since it doesn't matter in the least bit, and frankly makes you look kind of foolish. She hit a parked car--case closed; her fault. Call your insurance company, assuming you have full coverage, and let them handle it all. Done.


dcwilbur said:   Just call your insurance agent right away, and from the sounds of the accident, I wouldn't be driving the car.  When you call, don't give them all the information included in your post.  Just call to report a claim, and then answer their questions systematically.  They'll get to the part about it being a Hertz car that hit you, and that will pretty much be the end of any concerns on your end.  This being property damage only, and you not being in the vehicle at the time of the accident, there's no need to get an attorney involved.  As an aside, you might consider that she was experiencing some kind of medical emergency rather than her being a "psycho."
 


It could or could not matter. And when I say she was messed up, I say it because she that's what everyone thought. I just left out the part about the cop having her vehicle towed and not allowing her to drive, and also recommending the medics come to figure out what was wrong with her. Even if it was a medical condition she should not have been driving and should have known not to. She ran over parking stops, hit a building and got stuck on the walkway with people close by, between my car and the building.

So if I contacted my insurance, they will handle everything and I won't get stuck with my deductible gone and higher rates? I just realized I don't have her actual insurance info, if she has any, all I have is hertz 'self insured' on the report. Background checks on her reveal her address is from 2010 and more recently shows multiple other states. Looks to me like there's a lot of problems with her and I don't want this to go wrong for me. Thanks for the replies!

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Your insurance should do you right..until they don't.

Don't waste your time going after her, you aren't going to get anything. THOUGH, if she has no liability insurance, I think Hertz has some as an underlying rider when people don't buy theirs.

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ultrasurfologist said:   
forbin4040 said:   Is the $31 a LIS or LDW? If LDW (Which most are) you need to sue her, if LIS then Hertz will pay out.
The hertz form says LDW..

jaytrader said:   Or just leave out the part about what she was on, etc. since it doesn't matter in the least bit, and frankly makes you look kind of foolish. She hit a parked car--case closed; her fault. Call your insurance company, assuming you have full coverage, and let them handle it all. Done.


dcwilbur said:   Just call your insurance agent right away, and from the sounds of the accident, I wouldn't be driving the car.  When you call, don't give them all the information included in your post.  Just call to report a claim, and then answer their questions systematically.  They'll get to the part about it being a Hertz car that hit you, and that will pretty much be the end of any concerns on your end.  This being property damage only, and you not being in the vehicle at the time of the accident, there's no need to get an attorney involved.  As an aside, you might consider that she was experiencing some kind of medical emergency rather than her being a "psycho."

It could or could not matter. And when I say she was messed up, I say it because she that's what everyone thought. I just left out the part about the cop having her vehicle towed and not allowing her to drive, and also recommending the medics come to figure out what was wrong with her. Even if it was a medical condition she should not have been driving and should have known not to. She ran over parking stops, hit a building and got stuck on the walkway with people close by, between my car and the building.

So if I contacted my insurance, they will handle everything and I won't get stuck with my deductible gone and higher rates? I just realized I don't have her actual insurance info, if she has any, all I have is hertz 'self insured' on the report. Background checks on her reveal her address is from 2010 and more recently shows multiple other states. Looks to me like there's a lot of problems with her and I don't want this to go wrong for me. Thanks for the replies!

None of this should concern you.  Call your insurance company.  That's what you pay them for.  

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You might be required to pay your deductible up front, but they will re-reimburse it when they go after her insurance.

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Florida.

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Typically an auto insurance policy REQUIRES you to notify them of an accident within a specified number of days. Call them immediately.

Sure, your premium might go up, you might have to pay a deductible. However if your damage is in the thousands of dollars, let your insurance company take care of getting the money from the other driver or Hertz.

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ultrasurfologist said:   
forbin4040 said:   Is the $31 a LIS or LDW? If LDW (Which most are) you need to sue her, if LIS then Hertz will pay out.
The hertz form says LDW..

jaytrader said:   Or just leave out the part about what she was on, etc. since it doesn't matter in the least bit, and frankly makes you look kind of foolish. She hit a parked car--case closed; her fault. Call your insurance company, assuming you have full coverage, and let them handle it all. Done.


dcwilbur said:   Just call your insurance agent right away, and from the sounds of the accident, I wouldn't be driving the car.  When you call, don't give them all the information included in your post.  Just call to report a claim, and then answer their questions systematically.  They'll get to the part about it being a Hertz car that hit you, and that will pretty much be the end of any concerns on your end.  This being property damage only, and you not being in the vehicle at the time of the accident, there's no need to get an attorney involved.  As an aside, you might consider that she was experiencing some kind of medical emergency rather than her being a "psycho."

It could or could not matter. And when I say she was messed up, I say it because she that's what everyone thought. I just left out the part about the cop having her vehicle towed and not allowing her to drive, and also recommending the medics come to figure out what was wrong with her. Even if it was a medical condition she should not have been driving and should have known not to. She ran over parking stops, hit a building and got stuck on the walkway with people close by, between my car and the building.

So if I contacted my insurance, they will handle everything and I won't get stuck with my deductible gone and higher rates? I just realized I don't have her actual insurance info, if she has any, all I have is hertz 'self insured' on the report. Background checks on her reveal her address is from 2010 and more recently shows multiple other states. Looks to me like there's a lot of problems with her and I don't want this to go wrong for me. Thanks for the replies!

  As far as I know, if you hit a parked car, you're 100% at fault. If she was on something, that just backs up that claim even more.

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Leave out your assumptions about the other lady being on something when talking to the insurance company. Who knows if Hertz insurance will cover the damage if the driver was under the influence.

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ultrasurfologist said:   I am in Florida FYI. 

So I go in the gas station. I hear a loud noise, wonder what it was. Some of us go outside, a lady ran into the building and my car, pretty solid hit. The rear of my car is moved halfway into the next spot and there's considerable damage to the rear end. She was in a Hertz rental vehicle and had the $31/day insurance. 

She was pretty messed up on some substance and didn't know where she was, told the officer she was in key west, we are 5 hours from there lol. She was acting very strange and wasn't feeling good so he called the paramedics. 

I had an appointment so I got my paperwork and had to go. I just bought this (fairly nice) car and will have a ton of wasted time dealing with this psycho deciding to drive into everything. Should I contact an attorney before calling my insurance, or what steps should I take to resolve this?
Thanks 

  
Be very thankful that you weren't sitting in your car when it was hit.  Insurance companies are far more easier to deal with than curing back/neck pain.  The other advice on here is sound.  Normally I would say to just get the offending party's insurance involved, but under this situation and the rental car, let your company handle it.  Who is your company?  If the car is new, that is actually better for your insurance claim. 

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jaytrader said:   
 
  As far as I know, if you hit a parked car, you're 100% at fault. If she was on something, that just backs up that claim even more.

  Unless things have changed in the last 20 years this is incorrect. If it was a medical issue (not DUI/DWI) then it could be ruled a no fault accident and your insurance will have to cover your vehicle (with you having to pay the deductible). This happened to me in the mid-90s. Someone hit my parked truck (along with several other cars). Apparently the guy had an unexpected seizure (or some related type thing). His insurance was very cooperative for the first few days. But when they found out it was a medical issue, they denied the claim. I couldn't believe it! But when I looked up the case law, I found they were correct.

OP, do not call this a medical issue when talking with anyone. Just say some idiot hit my parked car.

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Strange. Their insured, regardless of the reason, hit a parked car. That's one of the points of insurance, to insure against an accident. I think you just got ripped off, bbr.

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jaytrader said:   Strange. Their insured, regardless of the reason, hit a parked car. That's one of the points of insurance, to insure against an accident. I think you just got ripped off, bbr.
  As with all car insurance, the insurance company for the at fault party will pay. When it is determined that it's a no fault accident, your own insurance company will pay (if you have coverage). Believe me, I tried to get them to pay. Made no sense to me. But the case law supported their position and my insurance covered the damage to my vehicle. I actually made out okay on the deal. One of the moving cars that he hit was driving with no insurance. And the driver was slightly injured. The police gave him the choice of going to jail or to the hospital. He chose the hospital. He lost his car and was stuck with a hospital bill. Ouch!

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whose car? my car?? 

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bbr said:   
jaytrader said:   Strange. Their insured, regardless of the reason, hit a parked car. That's one of the points of insurance, to insure against an accident. I think you just got ripped off, bbr.
  As with all car insurance, the insurance company for the at fault party will pay. When it is determined that it's a no fault accident, your own insurance company will pay (if you have coverage). Believe me, I tried to get them to pay. Made no sense to me. But the case law supported their position and my insurance covered the damage to my vehicle. I actually made out okay on the deal. One of the moving cars that he hit was driving with no insurance. And the driver was slightly injured. The police gave him the choice of going to jail or to the hospital. He chose the hospital. He lost his car and was stuck with a hospital bill. Ouch!

  Florida is a No Fault state for Liability.
But is an at fault state for Property.

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More likely the airbag knocked her silly. (concussion can do that)

Just report the accident to your insurance company and move on. They will set you up with a rental car as well if your car isn't safe to drive and bill Hertz for it. (Ironic, but most likely an Enterprise car and not Hertz itself - but E owns the insurance and replacements market)

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jaytrader said:   Or just leave out the part about what she was on, etc. since it doesn't matter in the least bit, and frankly makes you look kind of foolish. She hit a parked car--case closed; her fault. Call your insurance company, assuming you have full coverage, and let them handle it all. Done.
  And watch YOUR rates go up. Live in Fla too. Happened to me .
Insurance agents are liers and scum.

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RedWolfe01 said:   More likely the airbag knocked her silly. (concussion can do that)

Just report the accident to your insurance company and move on. They will set you up with a rental car as well if your car isn't safe to drive and bill Hertz for it. (Ironic, but most likely an Enterprise car and not Hertz itself - but E owns the insurance and replacements market)

  yeah the airbags going off certainly explain the driving into the car and building before they went off

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owenscott said:   
RedWolfe01 said:   More likely the airbag knocked her silly. (concussion can do that)

Just report the accident to your insurance company and move on. They will set you up with a rental car as well if your car isn't safe to drive and bill Hertz for it. (Ironic, but most likely an Enterprise car and not Hertz itself - but E owns the insurance and replacements market)

  yeah the airbags going off certainly explain the driving into the car and building before they went off

  
People drive into buildings (and cars) everyday without being under the influence of anything.  My stepmother drove into a store when her medical boot got hung on the brake and she could not get it off the gas.  things happen.  

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RedWolfe01 said:   
owenscott said:   
RedWolfe01 said:   More likely the airbag knocked her silly. (concussion can do that)

Just report the accident to your insurance company and move on. They will set you up with a rental car as well if your car isn't safe to drive and bill Hertz for it. (Ironic, but most likely an Enterprise car and not Hertz itself - but E owns the insurance and replacements market)

  yeah the airbags going off certainly explain the driving into the car and building before they went off

  
People drive into buildings (and cars) everyday without being under the influence of anything.  My stepmother drove into a store when her medical boot got hung on the brake and she could not get it off the gas.  things happen.  

  I cannot explain how wrong this is. Like i dont have time right now. But kets look quick. Ppl do not normally drive into buildings. When they do it falls into two subsets. Accidentail like grammas boot got stuck. Negligence like driving high on drugs.
 Then we have another set of subsets for each. Those who were knocked loopy via airbags and those who werent.
 have been on scene in hundreads and hundreds of mva with airbag deployments. The sub set of those who are only loopy from deployment is a very small number. Like wow small.
 so no ... its not very likely shes loopy from the airbag.

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owenscott said:   RedWolfe01 said:   
owenscott said:   
RedWolfe01 said:   More likely the airbag knocked her silly. (concussion can do that)

Just report the accident to your insurance company and move on. They will set you up with a rental car as well if your car isn't safe to drive and bill Hertz for it. (Ironic, but most likely an Enterprise car and not Hertz itself - but E owns the insurance and replacements market)

  yeah the airbags going off certainly explain the driving into the car and building before they went off

  
People drive into buildings (and cars) everyday without being under the influence of anything.  My stepmother drove into a store when her medical boot got hung on the brake and she could not get it off the gas.  things happen.  

  I cannot explain how wrong this is. Like i dont have time right now. But kets look quick. Ppl do not normally drive into buildings. When they do it falls into two subsets. Accidentail like grammas boot got stuck. Negligence like driving high on drugs.
 Then we have another set of subsets for each. Those who were knocked loopy via airbags and those who werent.
 have been on scene in hundreads and hundreds of mva with airbag deployments. The sub set of those who are only loopy from deployment is a very small number. Like wow small.
 so no ... its not very likely shes loopy from the airbag.


Driving with a boot is negligent. They outlaw driving with medical boots on right feet for specific reasons. Mostly because they are clunky and get stuck in petals.

Surprise! That is exactly what happen with criminal stepmom. Hope that criminal stepmom got arrested for reckless driving and thrown in the slammer. Her medical paperwork specifically says "Do not drive with your boot on."

There's no such thing as a car accident. That implies it was a random stroke of bad luck. There are car crashes - someone is (almost) always at fault.

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this would be a comprehensive vs. collision claim right?

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Police have become lazy and just pawn everything off on insurance companies these days. They show up at the scene, take a couple pictures, and then tell you to let the insurance companies duke it out. I live in NH where insurance is not required by law. This past winter, I was hit by a sheet of ice that flew off the minivan in front of me and caused $3k worth of damage to the front of my car. The driver of the minivan didn't know and continued to drive off. I followed and got a license plate and called the state police. They took my statement and told me to just call my insurance company and let them handle it from there. Sorry, no. It would appear that I'm in the minority here but I am and always will be skeptical of insurance companies whether they are my own or someone else's. As far as I am concerned, insurance is legalized racketeering and they're in business to make money first and to have happy customers a distant second. They're like sharks that will gladly take any opportunity to raise my rates. it took a couple weeks but I finally was able to get the state police to give me the minivan's insurance information and I filed a claim with their insurance only. They came and assessed the damage and paid the claim within a week.

It sounds like in your case, the driver was blatantly negligent. I would call your insurance company and explain to them that you were involved in an accident and make it very clear that you are NOT making a claim at this time but are purely notifying them of the situation as is required per their policy. Then I would go after Hertz. More than likely, Hertz' insurance will pay up once they see the police report indicating that she HIT A PARKED CAR.

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Sorry, where did you car run to? Maybe into the 7-11?

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needhelpplease said:   this would be a comprehensive vs. collision claim right?
  It's more of a 
Property Liability (Lady) vs UnInsured Motorist Collision claim. (OP)

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ganda said:   Florida.
 

  Just another day #FloridaMan

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call insurance. Don't need to hire attorney, lol.

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forbin4040 said:   
needhelpplease said:   this would be a comprehensive vs. collision claim right?
  It's more of a 
Property Liability (Lady) vs UnInsured Motorist Collision claim. (OP)

  
Depends on the state. I think Florida only offers UM for bodily injury, so it would go to OP's comprehensive coverage.

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doveroftke said:   
forbin4040 said:   
needhelpplease said:   this would be a comprehensive vs. collision claim right?
  It's more of a 
Property Liability (Lady) vs UnInsured Motorist Collision claim. (OP)

  
Depends on the state. I think Florida only offers UM for bodily injury, so it would go to OP's comprehensive coverage.

You got it backwards

Florida has UI for Comp,Collision.  It's no fault for Bodily.

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So if I go through my insurance company, will I be out my deductible possibly? I know you get it back but that's a matter of if. And I also don't want increased rates due to this being a 'claim' since it isn't my fault

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