Posted on 01/18/2017 1:35:44 PM PST by LouAvul
I was involved in an accident this past Sunday where a lady pulled out of a side street onto my lane and panicked and stopped. I was able to swerve and avoid t-boning her driver's side door. I clipped her rear fender and damaged my vehicle.
She admitted her fault, the police reported such, etc.
I got an email from USAA, my insurance company, and they said the total repair bill is ~$5,500. The email also said they paid the auto repair company $4,500 as my deductible is $1,000.
Is this SOP? The accident was the other party's fault. Should the other party's insurance company not pay the entire bill?
thanks
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.
This is BS. If they are pursuing the other carrier for subrogation, the deductible is part of that demand.
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?
You got me there but at least I’m not a commie Wisconsinite just a bad spelling one.
Not bad spelling, just wrong word. I have heard even lawyers use your word! They should know better! The only reason I know is I have had to do it a couple of times.........Semper Fi.................BTW is MCRD = Marine Corps Repair Depot?.............
I disagree. She failed to yield right of way and that was the proximate cause of the accident. She should pay all the bills and she may rely on her insurance to help her do that. Most companies just pay when their client is obviously guilty, unless it is a “no fault” state. IS she actually insured, however?
Most policies also require that their covered party “not admit guilt,” which she did — she should have avoided admitting that from an insurance perspective. Do you have proof she admitted it? Proof that it was her fault? Photos? Witnesses?
Did she get a ticket for failure to yield right of way? If no ticket, some companies simply treat it like each party is responsible, which might explain why your company acquiesced and is treating it as though it is your fault.
Is she claiming that you could have avoided the accident? Were you speeding?, can that be alleged? Etc.
Is she injured with medical bills, inadequate insurance, so next she will want your company to pay her bills too? Does she have a lawyer?
You with your insurance company should have a plan you both understand, and your agent and/or claims designee should be involved too. If you are getting the run around from your own insurance you may need your own lawyer to check in on all this.
(I am NOT a lawyer but I have had some accidents in our family where I/we was/were not at fault.)
(Also, I have to leave and will not be able to answer this soon probably ... I hope your situation resolves soon to the satisfaction of all.)
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.
There are exceptions to that rule. For example if another car switches into your lane and eliminates your safe stopping distance, and then slams on breaks, you wouldn’t be at fault. I am in the insurance business and have won that argument many times. In the case of the accident, USAA will attempt to get their OOP expenses and will also ask for the deductible. If they want to proceed quicker, then they can file against the person at faults insurance company and won’t have the deductible issue. As a rule, your personal insurance has to deduct the deductible if you are using your own coverage. Subrogation, if successful will make you whole again, but it will take some time.
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.
I’m sure you are right. It never made sense to me with all of the careless/distracted/aggressive drivers on the road.
After some time had gone by and during a conversation with another person who asked about my accident and did I recover everything, I remembered about the deductible.
After checking all my expenses and repayments, I found out that I had not been repaid for it so called my agents office and finally did get repaid but I did have to go after it as it had not been included in the original check.
Have a nice day!
Do you have a copy of the accident report?
Here, I got this from what he posted that you must have missed:
She admitted her fault, the police reported such, etc.
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.
Her insurance company is responsible to reimburse you for your $1000 deductible.
It was her fault. USAA is a great insurance company as long as I’ve had them (35-yrs).
USAA pays then goes after the one at fault. . .to recover the amount of the damage they paid under your policy.
I suggest you call USAA and ask how you can recover the deductable (small claims court would be one option). Other than that, it is your deductable to cover.
And what they can prove.
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