can i sue the insurance company for failing to recover deduc

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PostPosted: Tue Jan 19, 2010 7:19 pm   Post subject: can i sue the insurance company for failing to recover deduc  

A driver rear-ended me at a yeild sign and did not have insurance. My insurance company charged me my deductible, rent a car, and other repairs on my car. Its been over 6months. Can I sue?

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PostPosted: Tue Jan 19, 2010 8:50 pm   Post subject:   

Did you have uninsured motorist coverage and what state are you in??

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PostPosted: Tue Jan 19, 2010 8:53 pm   Post subject:   

Yes I did. Tennesse


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PostPosted: Tue Jan 19, 2010 10:14 pm   Post subject:   

If the other person that did not have insurance also did not have any assets, how was your insurance company going to recover anything?



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PostPosted: Tue Jan 19, 2010 11:17 pm   Post subject:   

Quote:
Can I sue?
Who your carrier? What did they do wrong? Have you called your adjuster to find out if your claim has been transfered to their subrogation unit? They are probably working on this recovery, believe me they want their money back too. Your deductible will be reimburse after they have collected all the money. Also these types of subro claims can take years! They will have (or will) offer the driver and/or owner a payment plan as well..



You need to contact your carrier and see what they have done to try to recoup your money and theirs.
Quote:
Did you have uninsured motorist coverage and what state are you in??
Reckless, UM, as we commonly refer to it is actually UMBI (uninsured motorist bodily injury), and covers only the injuries caused by an uninsured driver..NO damage to the vehicle. The only possible way UM would come into play would be if the OP has UMPD (uninsured motorist property damage), this coverage if the OP has it or if it's even available in his/her state, would most likely still have a deductible. I've personally never seen a UMPD coverage that doesn't carrier a deductible (most are 200 or 250).



In fact I found that TN does "offer" UMPD, but it too carries a deductible
Quote:
29 states have laws addressing Uninsured Motorist Property-Damage (UMPD) coverage Tennessee: insured may reject coverage, $200 deductible


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PostPosted: Wed Jan 20, 2010 6:13 am   Post subject:   

Lori, as always, has some good points and I would listen to her. One comment on one of her comments:

Quote:
I've personally never seen a UMPD coverage that doesn't carrier a deductible (most are 200 or 250).




Strangely enough, UMPD deductible are normally mandated by state law. In most states, the deductibles the insured has to pay are based on whether it was a hit and run or phantom vehicle, or not.



Check out the statute in Oregon, and other states are just about the same:

Quote:
ORS 742.510 Property damage coverage for damage to vehicle caused by uninsured vehicle. (1) Every insurer issuing motor vehicle liability insurance policies on private passenger motor vehicles or on self-propelled mobile homes for delivery in this state shall have for sale coverage for property damage to a vehicle of the insured caused by an uninsured vehicle. Coverage offered under this section shall be at least the amount prescribed to meet the requirements of ORS 806.070 for insurance for injury to or destruction of the property of others in any one accident.



(2) A policy with the coverage described in this section does not cover the first $300 of property damage to the covered motor vehicle as the result of an accident with a hit-and-run vehicle or phantom vehicle. In all other cases the first $200 damage is not covered.



(3) Coverage for property damage described in this section:



(a) Applies only to the amount of damages the insured may be legally entitled to recover.



(b) Does not include coverage for loss of use of the covered vehicle.







Lori- how many claims have you dealt with involving phantom drivers? My bet is on a few at least.



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PostPosted: Wed Jan 20, 2010 12:10 pm   Post subject:   

Quote:
Lori- how many claims have you dealt with involving phantom drivers?
At least two a week min.


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PostPosted: Wed Jan 20, 2010 1:53 pm   Post subject:   

OP, you really don't have many options here. I'm not an attorney but when you file your claim under your own policy you are transferring your right of recovery to your carrier. if you were to file suit against the other party you'd be doing so under this right. Again... the right that you no longer have. This is why your carrier is responsible for also getting back your deductible. As mentioned, this might never happen... it could take years.

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PostPosted: Wed Jan 20, 2010 3:46 pm   Post subject:   

There are quite a few phantom drivers in Missouri these days. Many of them reside in Jackson Co. LaughingLaughingLaughing

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PostPosted: Wed Jan 20, 2010 6:40 pm   Post subject:   

My daughter had been involved over the years in a couple of accidents by uninsured motorists. Once we recieved 400 of her 500 deductible after about a year. This was paid because a financial responsibility regulation was filed and they pulled the license of the driver til she paid all the damages. On a different occassion we recieved a letter from State Farm saying they were no longer pursuing recovery (two years later)which meant we could sue in small claims for the deductible and have their wages garnished.



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PostPosted: Thu Jan 21, 2010 12:58 pm   Post subject:   

Quote:
There are quite a few phantom drivers in Missouri these days. Many of them reside in Jackson Co.
Yep, they're everywhere, they're everywhere!



My personal favorites, are the 'clear' I backed my own vehicle into a pole but turned it in as a hit and run Rolling Eyes yeah buddy and this is my first day on the job...you might've atleast removed the wood chunks from the utility pole you hit Rolling Eyes



I'd be a full 50% or better of the hit and runs I see are fraud..easily 50%


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PostPosted: Thu Jan 21, 2010 1:39 pm   Post subject: Rear end collisions  

Assuming that you are not at fault, you should get your claim from your insurance company,though it might take some time. But before that you need to explain your situation in details.


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PostPosted: Thu Jan 28, 2010 2:55 am   Post subject:   

Subro can be an interesting and at the same time, frustrating thing.



Many states have laws that mandate that if a carrier recovers from the responsible party through the subrogation process, the carrier is required to pay the insured any deductible dollars paid from the "first funds received from the negligent party due to any subrogation agreement or court-ordered requirement."



In other words, if your insurance company gets any money from the moron uninsured driver that whacked you- you get your $$ back first and the carrier only gets what's left over.



Finally, remember that:

1. Not all cases are subrogated. Most carriers will not subro unless the claim exceeds a certain dollar amount. Costs more to subro than what you'd recover.

2. Commonly, the negligent party will sign a "promissory note" to settle the repayment process. I have seen promissory notes allow the payor to pay as little as $25 per month. So...getting your money back may be an issue, and some of your concerns rest with state law.



Good luck, and we'll continue to watch the thread to see if you respond.



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