My fiance was hit by a rental car. Her insurance company insists that she has to pay a $500 deductible despite the fact that it was the other person's fault. From what I understand this is not correct. Should we get a lawyer involved?
2006-08-11 06:52:20 · 14 answers · asked by help_please 2 in Cars & Transportation ➔ Insurance & Registration
If you use your own coverage, collision or comprehensive, you're always responsible to pay your deductible. Now, it should just come off the top of the check the insurance company writes you for the car repairs - but if the car is in the shop, she will have to pay it to get the car back.
Her insurance company then attempts subrogation (a fancy word for "collections") against the other party for reimbursement of her deductible and anything they paid out as well.
Have her call her company and confirm they're going to subrogate. If they say they're not, find out why. If the other person did not have valid insurance, she may have to file with the District Justice or Magistrate for recovery. But if they did, her company should handle the collections end if she isn't legally liable and they aren't barred from doing so by any no-fault or contributory laws.
Just have her make the phone call to her company and ask them to explain everything in layman's terms, before anyone panics and ends up giving a lawyer 1/3rd of your car repair money.
Good luck.
2006-08-11 09:10:11 · answer #1 · answered by ohso_quiet 4 · 0⤊ 0⤋
Did the person at fault have any insurance? If they didn't then it would be filed under insured motorist property damage portion of her insurance, and it does have a deductible. Usually smaller than the deductible on the collision part. Her insurance company must going to be the ones to fix her car, then they will be reimbursed from the company. Then the deductible would need to be paid, but the other insurance company will be responsible for repaying that to your fiance. That is how it would work in my state, now each state has different laws. If it's a no-fault state, then unfortunately she would be responsible for the deductible. I would call my agent and ask which way does your state handle claims. Don't get a lawyer until there's no help from anybody, because they are going to charge a chunk of money. If your fiance was hurt in the accident, make sure she saves all her receipts from the doctor, drug store, the gas she uses to go back and forth to the doctor. I hope she is ok, and go give the agent a call....God bless us all.........
2006-08-11 14:07:33 · answer #2 · answered by totallylost 5 · 0⤊ 0⤋
The bean counters at the insurance company calculate risk versus your premium payment. You want deductible covered? Just pay more premium. With regard to your fiance's $500, if it's not her fault, her insurance company should get her deductible back from the rental company's insurance company. I don't understand why her insurance is refusing to do that. I would need more details. Did the rental car driver admit to fault? In my experience, my deductible was paid. Just not at the same time that my car repairs were paid for. The deductible refund check came a bit later, after my insurance company collected the funds from the other insurance company. I could say your fiance's insurance company is dealing in bad faith, but it would easier for a camel to pass through the eye of a needle than to get a lawyer interested in case maybe only worth $500.
2006-08-11 14:09:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sorry that is correct. You need to go to the insurance company for the vehicle that hit her. If you go to your insurance company what they will do is repair the car minus the deductable but shouldn't raise your rates because the accident is not her fault. The insurance company will then go after the person at fault to pay for the damage and may or may not get your deductable back. Your best bet is to contact the insurance company or the rental agency of the person that hit you. Hope she got the information.
2006-08-11 13:59:27 · answer #4 · answered by Esh 2 · 0⤊ 0⤋
if its not her fault then she shouldnt have to pay the deductible. but if you want your car in the shop fixed right away, then you will have to pay the deductible. What the insurance company will do then is go after the insurance of the rental car to get compensated for the damages. at that point they will credit the deductible back to you.
2006-08-11 13:56:52 · answer #5 · answered by dirty n 1 · 0⤊ 0⤋
Because you sign an agreement you will. However if you have a good insurance agent or good attorney they should get the other guy to pay you back for it. And getting a lawyer involved maybe more expensive than the deductible...but shop because most of them do it on where they only take there fee out if you win the case so if their fee is less than 500.00 you may recoup some of the $$.
2006-08-11 14:01:40 · answer #6 · answered by Cali Girl 5 · 0⤊ 0⤋
Yes. the person driving the rental car is reponsible for any damages. thats why rental car companies are supposed to make sure people have insurance to cover any damages. also they usually require you to buy their coverage too
You could go to the rental car company and get any information on the driver of the car. or sue the company itself for your damages. or sue the person driving the rental.
You could pay your insurance deducitable if you want your car fixed immediatly..your insurance can help you go after the people too
2006-08-11 13:57:07 · answer #7 · answered by mommy2savannah51405 6 · 0⤊ 0⤋
was a ticket issued from a highway patrol or police officer stating it was the other parties fault? if so, you should not have to pay your deductible, the other guys insurance should cover it, if this is not the case, then you would pay your deductible and your insurance will cover the rest. this is how it is in FL at least....hope this helps
2006-08-11 13:59:31 · answer #8 · answered by darcilynn83 4 · 0⤊ 0⤋
Her insurance company will collect from the rental company's insurance. They should reimburse her. Does she have a police report?
I hope she has something in writing. Start writing letters.
2006-08-11 14:02:25 · answer #9 · answered by taurus 4 · 0⤊ 0⤋
In a no fault state, if both vehicles are moving, then both must pay the deductable.
2006-08-11 13:56:08 · answer #10 · answered by mykidsRmylife 4 · 0⤊ 0⤋