by Guest » Tue Feb 26, 2008 03:16 am
Other party admitted to daming my vehicle and my insurance says I have to pay my deductible. Why is this so, when the other party admitted fault? Please advise clearly what I can do not to have to pay for damages caused by another party admitted faut.
Posted: Tue Feb 26, 2008 12:18 am Post Subject:
If it were clear that an insured was 100% at fault I can see a carrier not caring about a statement. But to begin with and if liability was questionable, I'd give the same advise (don't admit to liability... and I think most policies also require this).
Most people don't understand their state laws and how liability works in their state (comp neg, contrib neg, modified comp or contrib). They also don't know the local laws (example: when passing in Florida, the person _being_ passed has the duty to yield the right of way... unless in the county). Also, it's not the insured that is going to pay the claim if they are liable... it's the carrier. So it should be up to the carrier to determine liability. It only makes sense anyway as again, it's the carriers money involved.
With that being said, the OP's carrier should _also_ be calling the other parties carrier for more details about liability.
Puzzled: Not sure if your also the OP or someone else. If you file under your own policy, the policy states the payment is less your deductible. Granted, your carrier will then attempt recovery from the other parties carrier which would included your deductible (but this can take awhile). If you file directly with the other parties carrier and they make a payment, it would be for the full amount. But it appears the other carrier is not prepared to accept 100% liability at this time. If your vehicle is safe to drive, you could wait for the other carriers decision and if they accept 100% liability, then you would not be subject to your deductible as the other carrier would be paying the loss up front.
Posted: Tue Feb 26, 2008 12:37 am Post Subject:
Sorry this happened to you, probably should have called the police, but you know what they say, nice guys finish last. Hope this all works out for you. goodluck with this :(
Posted: Tue Feb 26, 2008 05:34 am Post Subject: Deductible
Other party admitted to daming my vehicle and my insurance says I have to pay my deductible.
Well, as far my knowledge goes, 'Deductible' should be the amount which you have agreed to pay while signing for the policy. If so, it has to be mentioned in your policy papers. My advice would be that you ought to go thru the different paper-clauses & be sure as to what you'd agreed & what you'd not.
Regards,
Seattle_penelope80
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