arbroath_abroad

That was not my fault..

Have a police report etc, and the other driver has admitted liability..

i have pretty sore head/neck and back...

What is the process i need to follow here to make a claim

my insurance was through Avis..

I leave the US on Saturday..

lapin_windstar

Ohhh, nasty! Sorry to hear that. You've been to hospital and been checked out right?

Even if the other driver admits it on the spot, sometimes they will change their mind. If it's on private land, sometimes even if the police say it's X's fault, it doesn't mean anything (depends what state you're in). Hopefully that is your insurance company's problem and not yours though.

I am assuming that you've called Avis and told them - presumably they will put you in touch with the insurance people too. Don't throw any paper away - including receipts for healthcare, expenses incurred as a result etc.

Did you book and pay for the car with a credit card? American Express in particular often offers some coverage automatically as well (I think it depends on where you got the card and what type it is), and that might cover any excess you have.

Edit: the American Express coverage looks like it be a "back up" in addition your primary auto insurance. What happens if you don't have primary auto insurance, or you do but it's not in the US, I have no idea.

Most importantly: the bike wasn't damaged, was it?

TruBrit

ahh sorry to hear this, yes the driving's pretty crap to say the least hence our insurance premiums are sky high

i had the same happen to me on westheimer soon after i got here and the other driver also admitted liability and all was sorted out quite amicably between the two insurance companies. i had x-rays and that was paid for by the other parties ins. i take it you have had some x-rays taken just incase? what does avis say?

tamms_1965

It depends on what state (of U.S. not of mind) that you were in. Some states do not allow for pain and suffering, just medical and property damage. Your car rental co. should be able to tell you everything you need to know (and some help you with the claim process).

scrubbedexpat099

Does your Avis Insurance include Uninsured/Underinsured coverage.

What cover does the guilty party have, if any.

arbroath_abroad

he is fully covered, i just had 3rd party indemnity with avis however my company are insured, so they are assisting...

scrubbedexpat099

Nobody is fully covered in the US, cover can be minimal and still legal.

What is your Company insured for that may help you?

RoadWarriorFromLP

Companies should have some sort of business lines/ liability policy to address these situations.

Unless you plan on suing the other party for additional damages, such as pain and suffering, the typical course of action is to go to your own insurer(s), and have it/them negotiate with the other party's insurance. If the other party has already admitted liability, then your insurer should cover your medical bills and be reimbursed by the other party's carrier.

In addition, Avis would pursue them to recover losses related to their car. If you had LDW or CDW (which it seems that you did), then this isn't your problem to deal with.

scrubbedexpat099

Where is the Liabilility for his Employer?

Insurer for what? He has only mentioned liability cover .

Fair enough.

RoadWarriorFromLP

Companies should carry liability insurance to cover incidents involving them and their employees, whether they involve vehicles or otherwise. If an employee is involved in a collision while on company business, the company could be held liable, and would likely be pursued as the deep pocket.

In this case, it seems the OP is not at fault, but regardless, the company should still be carrying insurance. Unless you are preparing for some lawsuit of your own against the other party, it would be typical for the employee and the company to hand off your case to the company's insurer and let them sort it out.

Again, his employer should have a general liability policy. (This is not specific to vehicles, but to their business and its operations.) If you were driving for the job, then they should be defending your claim if you want them to.

This is independent of the rental car coverage. If you paid for the LDW and didn't violate the rental contract, issues related to the car should not be your problem. Avis can pursue the other party if it so chooses.

scrubbedexpat099

How in this case, what leads you to believe the Employer has a contingent liability? You would also need a deep pocket and/or a very good case to take such an action.

Insurer for what risk?

If he was driving for his job and if he was liable then the Employer could have a contingent liability, hopefully their coverage would be wide enough to protect them. But then it was the other guys fault.

RoadWarriorFromLP

I didn't say that they did, I'm certainly not in a case to make a determination about liability. But the company's insurer would be wise to ensure that it doesn't turn into a pissing contest that holds their insured liable, which is one reason why they would be involved now, as the OP said that they were. (Accidents can easily deteriorate into a he-said/she-said contest.)

From the sound of things, the employer's insurer should sort out the medical for the OP. I presume that they will recover their loss from the offending party's insurer, although that recovery process shouldn't be the OP's problem. With the LDW, the rental car shouldn't be his problem, either.

scrubbedexpat099

The Companies Insurer for what? There is no suggestion of liability. Liability Cover is Third Party coverage by definition, it is there to protect the Insured, not to act as a banker. If he thinks his Employers Liability Insurers are going to cough up, well there is not the smidgen of reference to why.

Now Motor cover in the UK often comes with Legal Expenses. Never seen US Auto cover with it.

RoadWarriorFromLP

Here's an example of a business owner's policy. I am presuming that the OP's employer has something similar to this. Policies similar to this are fairly common.

http://www.businessinsurancenow.com/...insurance.aspx

scrubbedexpat099

I must admit I only have a passing knowledge of Insurance Regulations and practices in Abu Dhabi. I no longer have access to that sort of information, the Zurich put out a good guide. I am not aware of any strict liability that may encompass this, I can think of no countries that would have such regulations, WC maybe, but that is not a Liability coverage.

The link you posted was to a US BOP form. And that would not help in this situation.