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My husband left for Iraq, and the only thing he forgot to do before he left was change the deductable on the new car. I was hit while driving thru the parking lot the other day (he backed into me as I was passing) and I have a $1000.00 deductable on a brand new car. Am I supposed to pay this or does his company have to pay this? BTW, they are disputing this....

2006-10-09 06:41:44 · 11 answers · asked by cailincox 3 in Cars & Transportation Insurance & Registration

Chris-
HIS insurance is disputing the accident. I am not disputing my deductable....

2006-10-09 10:16:16 · update #1

11 answers

The deductible is owed if you use your company, regardless of fault. Contrary to what someone else has said here, it is also per incident, not per year like health insurance. I am assuming you are in need of using your own coverage because of the liability dispute. Let's talk about some facts--
1. In a parking lot the driver backing from a space bears the greater duty to keep a safe lookout while backing. He can dispute it if he wants, and his insurance is courteously investigating his allegation that he is not at fault. Your insurance would likely do the same thing if you were in his shoes and denying fault.
2. If your damage is on the side of your car, this supports the facts of the accident being that you were driving down the aisle and had the right of way.
3. If there are no independent witnesses (people who weren't in either vehicle), the insurance co's will use your statement and the point of impact to each vehicle to determine liability. Again, his damage on the rear and yours on the side= he's at fault.
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Is your car safely driveable? If so, you can wait it out and see if his insurance decides in your favor. I'd wait to use my own coverage until the other carrier gives you a concrete answer.
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If you use your own coverage, your deductible won't be due until the work is complete on the car. You issue your deductible to the body shop when you pick it up. Your insurance then "goes after" the other carrier. Be forewarned, if they deny liability you may not get your deductible back...wait it out if you can!

2006-10-09 15:54:55 · answer #1 · answered by Pieandchips 3 · 0 0

What are they disputing? If you forgot to change it, then the 1,000 deductible is in place for the accident. Your intent doesn't matter. At the time of the accident was it or was it not 1k?

If your damages exceed 1,000, you pay the shop the 1,000 and you will probably have a check from the insurance for the rest. The deductible is what you agree to pay out of the total amount of the damages. Why would the insurance company pay it?

2006-10-09 17:06:43 · answer #2 · answered by Chris 5 · 0 0

You may have to pay the deductible while the insurance companies do some "investigating" and figure out who has to pay.

Then you would be reimbursed by your insurance company if the other guy ends up being at fault. However, this could take a while. It could even result in a court case.

However, if your insurance company believes the other person is at fault, they might waive your deductible. You should call your insurance company, explain that you weren't at fault and ask them to waive your deductable. They might not be willing to do it. Some insurance companies wont. But there are many that are willing, so it won't hurt to ask!

2006-10-09 18:01:41 · answer #3 · answered by Anonymous · 0 0

If you go through your insurance company, you have to pay it. If your company gets the money back from the other company, they will reimburse you.

If you go through the other insurance company, you won't have a deductible, if they are found at fault.

It's pretty cut and dried - as long as the damage to your car is on a side panel (not front or back end) and the damage on the other car is front or back, he was exiting the parking space, you were not, he's at fault.

2006-10-09 16:19:15 · answer #4 · answered by Anonymous 7 · 0 0

you only pay the deductible if you go thru your insurance company (and that is the best belive me.) Apparently the accident wasn't your fault so your ins company will go after the other party's ins company and will make them pay if they wont they will sue them but the bottom line is that you get the 1000 bucks back.if you go thru the other ins company you don't have to pay the deductible they will but it will take forever to fix the car and everything .my advice go thru your insurance you're rates
should not go up because it was not your fault
the same thing happened to me not to long ago i tried to go with the other party's insurance but it take 2 weeks for them just to get me in for an estimate and after that they said i get 270.50 for the damage ...(the damage was more than 1000 the paint was cracked it needed a paint job clearly )i got pissed called my insurance and the car was ready in a week

2006-10-09 14:50:35 · answer #5 · answered by melinda2022ro 1 · 0 0

You only pay if your insurance pays to fix your car. If it was the other persons fault and you called police and got witness statements like required by insurance, then your insurance company is responsible for making the other insurance pay all of it without any deductable. Talk to your insurance agent in person - now.

2006-10-09 13:53:11 · answer #6 · answered by Anonymous · 0 0

If you were hit the other driver is liable you have no deductable. A deductable is for when you are at fault.

Talk to a lawyer about this if they refuse to pay and your insurance company as well.

2006-10-09 13:46:34 · answer #7 · answered by my_iq_135 5 · 0 0

These answers are correct ... however, you may want to check your policy in regards to this being in a parking lot. Your policy may consider this as "private property" and thus making filing your claim a little different.

Check with your Insurance Agent to find out the steps that need to be taken.

Good Luck to you and God Bless your husband.

2006-10-09 14:28:21 · answer #8 · answered by spartexcites 4 · 0 0

You only pay your deductible if you are at fault or if the fault is mutual, or if the other person is uninsured. Make sure you get your agent involved with this to help you with any problems.
I hope it works out for you. Tell your husband we said Thank You!!

2006-10-09 13:45:32 · answer #9 · answered by Papa John 6 · 0 0

You will have to pay the first $1000 of any bills due in this year. After that your insurance will pay anything that happens. Medical insurance works this way as well.

2006-10-09 13:55:34 · answer #10 · answered by pariah6.9you 3 · 0 0

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