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 Posted: Wed Mar 19, 2008 2:42 pm Post subject: How does a deductible apply in this matter? |
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| My brother was leaving a Nascar event in another state late at night. A car sideswiped his NEW truck and cause considerable damage. It was witnessed by a police officer who gave my brother all his contact info so that the insurance company could contact him if they needed. Although both witnessed it neither was able to get the license plate number due to the traffic. When he contacted his insurance company the next day and told them all of the above they said it didn't matter he would still be responsible for paying the deductible since he didn't get the plate number. How can that be when he had witnesses and no way of getting the plate number? I'm sure there is some reason or clause in the policy making this right but to me it sounds unfair. |
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fireyone
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| Posted: Thu Mar 20, 2008 4:48 am Post subject: its my doubt.. |
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..don't know whether the senior members would agree....but i have this feeling that your bro's carrier is treating him as 'partially at-fault' even if they don't see him as 'completely-at-fault' at this mishap. I say this simply because they would not have asked him to pay the 'deductible' otherwise. Especially, when the carrier knows that its gonna affect his rates on his next renewal!
You'd need to have another round of talks with the claims adjuster & make sure that you show him the reason of your suspicion before you consult an attorney!
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BergomiPL
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| Posted: Thu Mar 20, 2008 5:04 am Post subject: what abt subrogation? |
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Hi friend,
Would anyone care to tell me if any form of 'subrogation' is possible in this case?
If it is possible, then he could tell his insurer to pursue the case & push the at-fault party's insurance for the damages. They might take the deductible initially. But if they succeed in achieving something, they might reimburse his 'deductible' fully or even partly. At least that was what was done to one my friends..he had a collision cover in Louisiana. Waiting for other posters to come up with something concrete.
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Mightyjoeyoung
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| Posted: Thu Mar 20, 2008 11:08 am Post subject: |
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| Quote: | | it didn't matter he would still be responsible for paying the deductible since he didn't get the plate number. |
I'm SURE your brother misunderstood..He will have to pay his collision coverage deductible PERIOD if he uses that coverage...which he will have to if he wants his truck fixed..since they can't find the other party to use 'their' insurance. It has zero to do with getting the license number other than if they had the license number they could track the party and file a claim under that persons policy, and not his own...You chose your collision/comp deductibles when you buy the policy...it has zero to do with fault or cause of loss and applies to every loss.... | Quote: | | I say this simply because they would not have asked him to pay the 'deductible' otherwise. |
This is incorrect, if you are paid under the collision coverage of your own policy that deductible applies regardless of fault...period.... | Quote: | | Especially, when the carrier knows that its gonna affect his rates on his next renewal |
Incorrect as well, this accident BECAUSE you had a witness that saw it was a hit and run..will be 'non-chargeable' or coded 'not at fault' if you find your premium raised FOR THIS ACCIDENT you will need to contact your agent or policy services and get this straightened out you cannot be rated up for a not at fault loss. | Quote: | | You'd need to have another round of talks with the claims adjuster & make sure that you show him the reason of your suspicion before you consult an attorney |
I agree your brother need to get clarity, but an attorney will just laugh at this one...you chose the deductible for your collision coverage you pay that deductible on every claim no matter what happened... | Quote: | | If it is possible, then he could tell his insurer to pursue the case & push the at-fault party's insurance for the damages. |
Except they have no idea who this party is...but if they did certainly...
So sorry OP, your brother just didn't hear the adjuster correctly..had they got the license number and filed the claim UNDER THE AT FAULT PARTIES policy there would not have been a deductible because the claim would've been paid under that persons liablity coverage...since they do not have that information your brother must use his own policy/collision coverage thus the deductible...
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Lori
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| Posted: Thu Mar 20, 2008 3:07 pm Post subject: |
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Thanks Lori. This makes alot more sense now. It clears it up because I see that he has to use his own policy so the dedcutibles would apply. I am going to tell him to get a hold of his adjuster about the rate hikes. When I heard the conversation as he was talking to the adjuster I'm sure I heard him ask him why his rates would increase. He was pretty angry when he got off the pone. Maybe he misunderstood .Being upset over the deductible and the fact that its a new truck he could have totaly misunderstood. I'll mention this to his wife. She would probaly be a lot calmer over the matter and in better emotional shape to place the call.
I figure the guy must have been drinking or driving without a licence to just up and scramble. With the damage to that truck he had to now he hit it. People these days make me wonder. I could not have just drove off. Thanks all. |
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fireyone
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| Posted: Thu Mar 20, 2008 3:07 pm Post subject: |
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Uninsured motorist also has a deductible. Generally uninsured motorist claims are opened as collision claims until an investigation is performed to verify hit and run or unsinsured motorist has taken place.
Without a license plate number, it will also be more difficult to subrogate. If the insurance company is unable to subrogate, they will not be able to reimburse his deductible for either collision or uninsured motorist coverages. This would leave him stuck with having to pay the deductible.
It sounds more like the adjuster was just forewarning him in a vague way. I think he could have been more specific and there would have been less confusion. |
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MBTexas
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| Posted: Thu Mar 20, 2008 5:02 pm Post subject: |
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| I doubt they would ever find the person that hit him so in the end I myself would just pay the decudt and forget it. Thank Goodness his was only the $250. |
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fireyone
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| Posted: Thu Mar 20, 2008 8:55 pm Post subject: |
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| Quote: | | Uninsured motorist also has a deductible. |
Uninsured Motorist PROPERTY DAMAGE has a deductible UMBI does not... 
Fireyone...if the adjuster does claim he will see a rate up, (other than if his company offers a discount for zero claims) he needs to contact his states DOI, YESTERDAY!!!!!!!!!!!
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Lori
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| Posted: Fri Mar 21, 2008 5:19 am Post subject: |
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| Code: | | Uninsured Motorist PROPERTY DAMAGE has a deductible UMBI does not... |
You are correct. But, I was assuming he was more concerned about the damages to his brand new truck that was sideswiped. |
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MBTexas
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| Posted: Fri Mar 21, 2008 9:43 am Post subject: |
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'I' knew what you meant...personally I have a horrible habit of referring to it simply as UM (meaning UMBI) because we see UMPD so infrequently...just wanted to clarify for anyone that didn't know...thank MB for your quality posts... 
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Lori
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| Posted: Sun Mar 23, 2008 1:05 pm Post subject: |
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fireyone,
What nascar event was it? What state? Just curious? |
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goodnatured
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| Posted: Mon Mar 24, 2008 12:14 pm Post subject: |
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| I am not sure what event it was..they have so many and I am not a big fan. The state was Tennessee. They did recontact the insurance company and they said that her husband misunderstood. They stated that what they said was "pending the information they receive fro the other witness (police officer) is what will determine if their rates will go up".. I think they mean if the other witness verifies that my brother was not at fault. MAkes you wonder what if their wasn't any witnesses. My brother has had zero claims on his policy and never had any type of accident since getting his license at 18. |
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fireyone
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| Posted: Mon Mar 24, 2008 12:39 pm Post subject: |
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If there had been zero witnesses it would've been up to the company/adjuster how they coded it, the companies I have worked for ALWAYS give the insured the benefit of the doubt...that indeed it was a hit and run....unless there is a pattern of many of these types of claims....you may be surprised how many people turn in a claim like this when the insured vehicle clearly sideswiped a pole or some such thing....
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Lori
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| Posted: Mon Mar 24, 2008 12:58 pm Post subject: |
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| Oh Lori beleive me I do have an idea. You wouldn't believe this area. I see that happening sooo many times and it is one of those things that put me STRAIGHT through the roof. Someone leaves a bar way too drunk hits a guiderail...throws a deer onto the car (for hair and proof) and calls in a claim..pockets the money and doesn't fix the car. And people wonder why everyones rates are going up. Same thing with collecting social security..finds a doc willing to give them a disability rating and collects benefits and works under the table. Makes me wonder if there are many HONEST people left out there. |
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fireyone
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| Posted: Mon Mar 24, 2008 1:07 pm Post subject: |
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| Quote: | | Makes me wonder if there are many HONEST people left out there. |
I agree, I have weeks like that, when I think I'll lose my mind if I have to deal with another ''creative claims reporting'' claim...it's so frustrating, most of the time we have to pay it, and the thing is, generally what REALLY happened is covered, just that it is chargeable or a lower deductible, many carriers now though are getting a little tougher on these ''if-y'' claims...I always report them to upper management, but then it is their decision whether or not to continue the investigation or just pay it.....many times I'll call an insured and say, 'ok now don't answer me until I've finished talking...are you SURE you hit a deer? because you have coverage under your collision coverage to pay for this damage, and I've looked/inspected thousands of deer hits, and there is ALWAYS some evidence I can find...however all I see on your vehicle is yellow paint transfer like from a parking lot post....so think really hard, 'maybe' you swerved to miss the deer and hit something else instead and never made contact with the deer, is that probably/likely what happened? If not and you are just CERTAIN you hit a deer then I have no choice but to refer this claim to SIU (Special Investigation Unit)....99 out of 100 if given an 'out' will come clean with, 'well, you know I bet I missed the deer'....course there never was a deer at all...it get's rather depressing some times....like you said thinking there are no more honest people in the world...then there are the great insured's that just turn the claim in honestly and say, 'you know what, I wasn't paying attention and just flat hit that sign''....It's a crazy world...
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