If you are in auto accident and it's the other person's fault do you have to pay anything?

Question

We were rear-ended. Our insurance company is saying we have to pay $ 500. deductible. Is that right shouldn't it be her insurance company pay?

Answer 1

IF it was deemed the other driver was at fault you should not have to pay anything. Did the other driver receive a ticket? Did it state on the copy of the accident report who was found at fault? Did you get an accident report? If not, and since these problems are arising, go get one done at the front desk of your local PD. If no one was stated as being at fault, then you will have to pay. But, again if the other person was cited, try to keep your insurance company out of it and deal directly with the other driver's--which is really what your company should be doing anyway and not bothering you about anything except cutting you your claim check for repairs.
Now, if the other driver had no insurance at all and even if you have the "uninsured motorist" option for your policy, again you will be out of luck and will have to pay.

Answer 2

You are asking YOUR ins company to pay for the damage. Your contract with them is t pay the deductible. This is usually the faster way to have the repairs done.

They should subrogate the other company to get your and their money back. You will probably need to sign some papers for that. You may be able claim against the other persons Ins Co and they should pay the bills. You may have a difference of replacement cost and actual cash value which may take your agent to explain.

Don't get greedy but, you can claim rental fees, and the pain the rear of having the accident and time off, etc, from the other persons Ins. CO. I'm NOT a lawyer and not practicing law with out a license these are generally the way these things go. I don't recommend getting a lawyer, they slow the process down and take 30 to 40 percent of the settlement.

good luck

Answer 3

If you are filing with your insurance company you have to pay the deductible. That's the amount you selected when you bought the policy and it applies regardless of fault. If you use your insurance, then they will seek reimbursement from the at fault person and once reimbursed you will get your deductible back.

If you file directly through the other person's insurance then they pay 100% of your damages and you pay nothing (in a perfect world). If they have something pending like an investigation, or contact with their insured, then it may delay getting paid, which would put you right back with your insurance company.

Answer 4

Yeah, you have a deductible that you have to pay out of what they'll give you to get your car fixed. I know it sucks. Insurance companies are a joke. I got rear-ended a few months ago and the other guy didn't have insurance, and I did have un-insured driver insurance. My insurance company then told me that only covered body injury not the car damages. I knew they were lying, but there's nothing you can do except argue with them for weeks. They make all of their money from lying and scamming you. All you can do is pay the money and be glad that it wasn't worse.

Answer 5

If your company is paying for your damages and then "subrogating" the claim (which is where they go after the other company on your behalf) they will sometimes ask for the deductible and then reimburse you for it later, BUT...the other person's company should be paying for your damages unless you live in a "no-fault" state like Michigan.

Answer 6

It depends on if the other driver took responsibility or not, if he didn't then yes, you have to pay, The insurance company wants money from someone. It sucks I know.. It is said that it prevents insurance fraud.

Answer 7

So in case you both have coverage the position does this unisured coverage come from? What did the law enforcement officials be certain to be at fault? If them then their coverage does ought to pay. turn it into your agency and allow them wrestle it out.