to pay the total cost of repairs? the accident is no question 100% other party's fault. damages are high and has been appraised, but other party's insurance is refusing to pay. they are only trying to pay a fraction of the cost to fix! what do you do? can you dispute it? can you sue for total cost of damage that isn't covered by their insurance?
2006-12-01 06:40:44 · 12 answers · asked by Jessica B 4 in Cars & Transportation ➔ Insurance & Registration
What you can do is file a claim with your own insurance company and then they will do what is called "subrogate the damages" which means they will do all the suing and legal work for you. You might have to pay your deductible at least until the claim is settled.
Good luck!
2006-12-01 06:48:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The problem is that insurance companies stand by their client. So if there client tells them a story that might differ from yours, they will take their clients word over yours, just like your own insurance company would.
If they are only trying to pay a fraction, is because they believe that you were at fault, for the difference of that fraction. If they offer to pay 80% of the damages, then they think you were 20% at fault. The only way to dispute this on your own would be to litigate the claim which could take up to a year to do.
You can't sue the defendant for the difference b/c their insurance company will have you sign a release before giving you any money, releasing their insured and company. Therefore, you will be barred from recovering from the actual defendant.
Your best bet will be to just take what they give you and get your car repaired. Even if you have to come out of pocket a little. Or open a claim through your own insurance company and just lay out the deductible.
2006-12-01 08:02:39 · answer #2 · answered by Rica 82 5 · 0⤊ 0⤋
Ok- first off- you arent telling us the reason the other company is refusing to pay 100% of damages. I can think of two possible reasons.
1. They are finding you partially at fault and paying the percentage they owe (say they found their driver 90% at fault- they would pay for 90% of repairs.)
If you disagree with them your only option is to go through your insurance and allow them to pay out 100% of damages and go after the other insurance to get their money and your deductible back
2. The body shop you are going to wants more for repairs then the estimate the insurance carrier wrote.
Unfortunately alot of body shops ask for more repair time then needed and an insurance company will only pay the true amount needed for repairs. In this case- you can suggest the insurance company call the body shop about the supplement they are requesting and hopefully they can work it out OR you can find a FAIR body shop will to work for the correct price.
If you put more information on why they aren't paying for all of the repairs perhaps i can help you out more.
2006-12-01 07:13:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your insurance company should pay the entire bill minus the deductible and then subrogate against the other insurance company. You sholuldn't be dealing with the other insurance company at all. Yes, you can sue but, as above, you shouldn't have to do that.
2006-12-01 06:50:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If there was a police report that determined fault, I would get an attourny. It can take awhile, but if they are trying to cut it short, go after them. Most attournys will consult, look at the facts, and go after them, adding their fees into what the insurance company will have to pay.
Our lawer has been going at the insurance company for over a year now reguarding a rearending case.... so it takes time
2006-12-01 06:52:55 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Your insurance company will still take care of the cost of the repairs, and leave it to them to chase down the funds from the other drivers insurance
2006-12-01 06:49:57 · answer #6 · answered by Harry Reams 2 · 0⤊ 0⤋
I'm not sure about the whole story here and why they aren't paying. In order to tell you your options and how lucky you'd be at it, I need to know that. However, your options if you don't agree are to go up the management chain of command or file a complaint with your state's Department Of Insurance.
2006-12-01 09:16:17 · answer #7 · answered by Chris 5 · 0⤊ 0⤋
Wouldnt your insurance company go after them? Get a police report, with the proof it wasnt your fault. Fax them a copy and talk to a lawyer.
2006-12-01 06:44:00 · answer #8 · answered by Sophiegreeneyes 2 · 0⤊ 0⤋
Your insurance company should be going after them, its not your responsibility. Of course, if you do not have insurance, the accident becomes your fault and they will not pay.
2006-12-01 06:46:37 · answer #9 · answered by smartypants909 7 · 1⤊ 1⤋
You can dispute it and sue. As long as your insurance knows it wasn't your fault, it shouldn't affect your rates and they should pay it for you anyway.
2006-12-01 06:44:17 · answer #10 · answered by eehco 6 · 0⤊ 0⤋