who has to pay Deductible

by kathirelango » Mon Nov 26, 2007 11:16 pm

My car involved in a minor accident. I have full coverage insurance with Mercury. $250 is Deductible.

The fault is on the other driver who kits my car. She has AAA insurance. We did not report to Police. Because, she admits her fault, no injury and gave her details of residence, insurance etc.

My insurance (Mercury) called for an 15min interview. I explained in detail. They also called the other driver. At first time she postponed. Next time she refused to give her interview. According to Mercury representative, she was told not to give any interview to Mercury by her insurance (AAA). Mercury also said, she is not ready accept her fault now.

Mercury is forcing me to fix the car by paying the Deductible.

What should I do?

Total Comments: 21

Posted: Tue Nov 27, 2007 02:58 am Post Subject:

Hi Kathirelango,

It is pretty natural for an insurance company to inform their clients not to admit fault to an accident. So do not be surprised at this action. It is also natural for you to have to pay your deductible to get your car repaired. Even if you were obviously not at fault, your company can later on recoup the expenses they had to pay for repairing your vehicle, plus the deductible you had to pay. They can contact AAA themselves and argue with them. In my opinion it's worth the 250.00 to let your insurance company do the arguing for you instead of you trying to go at it yourself. Unless you are a top negotiator.

I have seen some cases where the person has gone straight to the other company and recouped their costs without paying their deductible, but it had to be one of those cases where the insured was obviously at fault. And it takes more than a short time to do things this way.

Mercury also said, she is not ready accept her fault now

.

Thats unfortunate, I think that a police report would have made the case more solid, but the fact that she already admitted fault.... hmmmm... Lori, where are you at??

Posted: Tue Nov 27, 2007 06:29 am Post Subject:

Technically you do not have to pay your deductible, but that also means your car doesn't get fixed, Knig188 is right about you having to pay your deductible to have your car fixed, if the other party has not admitted liability right away what is your insurance suppose to do, just fix it and say don't worry about it, we'll get it later? No, they have to be paid, then after everything is over if the other party admits liability or is found to be at fault than the adverse carrier will re-pay your insurance the deductible which will then be given back to you.

Also I would definetely contact the other carrier and give them your side of what happened and see what they can do for you. I don't agree with the statement that "It is pretty natural for an insurance company to inform their clients not to admit fault." I believe that most insurance companies want their clients to tell the truth no matter who is at fault...you hear the "don't admit fault" more from attorney's.

Posted: Tue Nov 27, 2007 07:36 am Post Subject:

Hi kathirelango, first of all nice to have you in ampminsure.

I believe that most insurance companies want their clients to tell the truth no matter who is at fault...you hear the "don't admit fault" more from attorney's.



I guess you are right CVClaim. Insurance carriers normally work towards settling claims if their clients are at-fault in ways to avoid any law suits filed against them in future.

I think that a police report would have made the case more solid



Again right. It signifies the importance of filing police report even for minor accidents. The poster wouldn't have faced this problem if there were police reports to support his/her claim.

If I would have been in your situation, I would have definitely talked to the at-fault party's insurer (as CVClaim has suggested) to explain them my side of story. At least its worth trying.

Hope you'll get some better suggestions form the other members as well. Keep us informed.

Thanks,
Macmilan

Posted: Tue Nov 27, 2007 10:12 am Post Subject:

Good morning kathirelango and welcome to the community!

You really have got all the good advise you need. It comes down to a couple of things. First, how fast do you want your car repaired? If quickly use your collision coverage pay your deductible and let your carrier fight it out for you. If you are willing to wait, then wait until the adverse carrier has completed their investigation. And hope you come out on top. If so they will pay the full amount to repair your vehicle and likely put you in a rental car while under repair.

Unfortunately you have learned a hard leason. No matter how nice people are at the scene. CALL THE POLICE !!!!!! I've worked too many claims over the years where a party admits fault at the scene to get home talk with folks and change the story. And really you can't prove they said it was their fault, and even if they did, it is of no merit whatsoever. Some people will ''think'' they are at fault when they are not...

When you buy you insurance policy YOU chose the deductibles you want under your collision and comprehensive coverage. If you use those coverages you are charged that deductible. Those coverages (collision in this case) deductibles don't change because you aren't at fault...

So you have to decide how long you want to wait for the repairs to begin, and if you want to nego. with the other carrier or if you want your adjuster to do so in your sted.

I agree with cvclaims in that insurance companies want our insureds to tell the truth...no matter how ugly that truth may be.....frankly it makes the adjusters job a lot easier, and the claim run a lot smoother, thus customer satisfaction rises. Sadly I'd wager a full 30-40% of the claims I work ''someone'' is attempting some type of lie....rarely today does anyone think they did anything wrong...or a truer statement would be no one will admit when they are wrong......so sad....


Please let us know if we can be of further assistance to you...

ps. Knig....

Lori, where are you at??

sorry dude had a long day yesterday...everybody is hitting deer! :x

Posted: Thu Dec 25, 2008 08:04 pm Post Subject: had a vender bender with A park car during an ice storm

i have a 1000.00 deductible that i cannot pay. both cars are drivable and no injuries. the second (parked) car filed a report with the police after I asked her not too. i wanted to try an come to some type of monitary agreement. she has a $500.00 ded. I am pursumed at fault with (car 1) with a $1000.00 ded. car 2 does not have my insurance info. I am insured. what will happen if I can't pay the $1000.00. will her company come after me?

Posted: Fri Dec 26, 2008 12:34 am Post Subject: insurance

Well,,,,,,,,,('personal experience' with THIS one) you shouldn't have asked her NOT to call the police. That 'action' may have shown the OTHER driver ( and, maybe the OTHER insurance company) that you MAY have something to hide. However......what's 'done is done'. If the accident is said to be YOUR fault, it's a GOOD possiblity you may have to pay the deductible for your car AND the other car, as well.

Posted: Fri Dec 26, 2008 05:13 am Post Subject:

Sd, as far I know the third party claim doesn't include deductibles. The deductibles only apply to the collision claim. Now, if OP is insured and the other driver files the claim with his carrier, the liability coverage will compensate for the BI and PD losses.

IMO his problem lies with his high deductible rate what he can't afford. Well, if he can't pay the deductibles his insurance company won't pay the repair cost of his car if he claims under the collision coverage of his policy.

~Jeremy

Posted: Fri Dec 26, 2008 09:58 am Post Subject:

Hi Vicky, if you have chosen high deductible rate but can't pay it now, IMO you are out of luck. The insurance company will not pay for your vehicle's damages or may not release the car until you pay the deductible. They can also charge you for those extra days the car will stay at the storage.

The rate of the deductible is an agreement of risk sharing between the insurance company and the insured. And the insurance company isn't liable to pay for the damages till the insured meet his commitment.

Vicky, I think your case is a perfect example why we need to think before deciding the deductible level and shouldn't choose a high rate for the purpose of paying low on the premium.

Posted: Fri Dec 26, 2008 10:54 am Post Subject: insurance

This 'story' may help the OP: Last Winter I was in a car accident. I hit 'Black Ice' and went, HEAD ON, into a Guard Rail. My car was STILL driveable......I din't have SOOO much damage that I couldn't 'keep it on the road'. Well.......my 'Deductable' is $500.00. At the time, I couldn't afford to pay that out of my pocket....my 'Collision Coverage' DID pay about $1800.00 of the damage. Anyway..........I did alot of body work damage. My mechanic knows my financial situation (low income..). I REALLY don't need to get the car repaired RIGHT now.........however, I'm 'making payments', to my mechanic, for the Deductable. This is my point: If the vehicle is in 'working order', and the Insurance Company ALREADY paid their 'part' of it, maybe you can make arrangements to make payments on the Deductable. ...you never know until you try......ya know? I'm driving around with some 'body' damamge, but, I can still drive my vehicle. Hope this advice can help other people out there.

Posted: Fri Dec 26, 2008 01:14 pm Post Subject:

I am insured. what will happen if I can't pay the $1000.00. will her company come after me?


Vicky, honey stop worrying, you pay ZERO deduct to repair the other peoples car...your deductible ONLY applies to the damages to YOUR car..

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