You hit her. It’s your fault.
Now, I admit there are always exceptions to this rule, but for the most part - that’s how it goes.
Did you get a ticket?
This is very simple. She admits fault. You go to her insurance company for the repairs. Your company should not have to pay anything.
I’ve always heard if you hit another car from the rear,(anything behind the front bumper), then you could be at fault because you are not in control of your vehicle.
If you’re not at fault your insurance company will subjugate the claim (go after her ins co) and when they get their money back they will refund your deductable or whatever percentage they collect. You could be 20% at fault just for being there.
You should ask if they will wave the deductable since the total repair was over $1,000.
My daughter was rear ended 2 days ago. USAA said they will wave the $500 deductable sine the repair is over $500.
The woman’s insurance company should pay. Maybe, on an open and shut case like this, your company will just get reimbursed from her insurance company. If they get reimbursed for the full cost, then you should eventually get a check for your deductible from your insurance company.
But sometimes the fine print in your insurance contract can allow the insurance companies to do strange things. And then there are the no-fault states.
My insurance paid for an accident that I didn’t cause a couple years ago. The final outcome is still in litigation, but the immediate concern of my insurance was to get me truck assessed and paid for so I could get another vehicle. They were later reimbursed by the other insurance company.
Subrogate.
Her insurance company should pay your deductible....................
Subrogation is a term denoting a legal right reserved by most insurance carriers. Subrogation is the right for an insurer to legally pursue a third party that caused an insurance loss to the insured. This is done as a means of recovering the amount of the claim paid by the insurance carrier to the insured for the loss.
I am in auto insurance. USAA is faster than most companies in handling damages. Until the other insurance company accepts liability (if they do), you owe your deductible. USAA is usually good at following up with the other carrier on their investigation, but of course you can do so as well. IF they accept, USAA may be able to either waive your deductible or advance it to you (I believe they do - some carriers don’t). If they can’t, the other insurance company should be willing to do so (again - assuming that liability has been accepted).
Your insurer’s obligation is first and foremost to you, and USAA acted properly and took care of its customer (you) first. Once it paid for your damage, USAA became subrogated to your rights of recovery against the tortfeasor (i.e., the other driver, who would be the at-fault party).
What USAA did is standard claims handling.
Your insurance company will tell you that they "will attempt to recover costs from the other driver's insurance." P>But from experience, they won't bother if it is your deductible, so stay on them - hard. It's your money getting shelled out in this interest, do they are less inclined to bother.
Hope this helps - some.
No fault insurance. Police will generally not issue a ticket unless somebody is injured or DUI or minors are involved.
Did you trade information...the other driver isn’t also insured by USAA, are they?
The insurance companies will yabber about it for weeks, meanwhile to get your car fixed and get you out of the rental they’re probably paying for they’ll pay based on the assumption it’s your fault. Then when the insurance companies settle their argument and decide it wasn’t her insurance company will pay your insurance company back. Now as for that thousand it depends on if the company is one of those “preferred” ones, if they are they know how this game goes and will generally wait for the insurance company to pay them the deductible. If they’re not you’ll have to pay and her insurance company will pay you back.
I have Amica Insurance, which is excellent. My car was totaled from behind while parked on the grass outside Church, next to the road. My insurance company did all the work, paid my expenses, paid for a rental car, and paid almost all except for the deductible. Then the other insurance company paid back Amica, my car company, and me. But that was several months later.
Not unusual for your company to pay definite expenses and then go after the other person’s company to round things off. But I’d also recommend asking your company if that’s what they intend.
Seems USAA is treating this an uninsured driver claim.
Until her insurance ponies up you foot the bill.
Does she have insurance? If not, you pay the deductible.
Even if she pulled out and stopped or slowed, I think it will be considered “your fault”, for not avoiding hitting her.
The most you can hope for is that her claim is not large, and your premiums don’t go up.