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Joanna F | I'm stuck, what do you think of my claim? |
My car was parked outside and at 3 p.m somebody drove into it and it's a total loss. I have the police report, however the guy who hit me has state farm insurance and his policy is only $15,000 for property damage. My car is worth $14,000 but two other cars were hit and are in the same report. So now the insurance has to pay for my car plus the other two cars, and they say they can only use the $15,000. So what do I do now? I have full coverage but my insurance says that if I want to go through them I have to pay a $1,000 deductible. And I don't think that's fair because the accident wasn't my fault. What are my rights? What should I do now to get my whole $14,000? |
 |
 
mdk
|
The only thing you can do is get what part of his $$ 15,000 tht you can.
you can then claim the balance that wasn't paid by hiscoverage, but you'll be out the $ 1000.00 deductable.
is this fair? no. Is it legal.? Yes. |
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mbrcatz
 |
You should go through your collision. The $1,000 will be the FIRST amount you get back, from the other guy's insurance.
Your OTHER right is to sue the guy in court, and win. THEN you have a judgement against him. Then you have to try to COLLECT. If he's got a great job or assets, you could try to have his wages garnished. If he doesn't have a job, or a house or anything, you're pretty much out of luck.
That's why YOU have collision insurance - to cover you, when the other guy doesn't have enough. |
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fighting saints
 |
This is really just a case of simple math. You are only allowed to collect your claim from one company, not a combination of yours and the other guy's company.
If you collect from your own policy you will receive $13,000.00 upfront ($14,000 - 1,000 deductible).
If you collect from the other company you will get a pro-rata amount. St. Farm will look at all the damages to the 3 cars and pro rate the amount that each car owner gets. Depending on how badly the cars are hit going this route could cost you thousands of dollars. My guess is that you wouldn't be able to collect more than 50% of the $14,000. If you take any money from his company they will have you sign a release so you won't be able to sue the guy for the balance.
Once you collect from your company they will go to St. Farm to collect back the pro-rata amount allowed for your damages. Let's say they end collecting $5500 from St.
Farm. If you have a good insurance company they will reimburse you 100% of your deductible and eat the rest of the claim since they can afford that more than the average car owner can afford to eat part of a 1K deductible. It might take awhile but you should get that deductible back.
Good Luck |
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DFK
|
Let your Insurance carrier go to Battle for you. The problem is we always want to fight the battle. You agent should step up and and advise you of what the policy can do.
First of all....File the claim to your carrier under the Collision (physical damage portion of your policy). You will get your deductible and your carrier will subrogate back to other persons carrier. Obviously their coverage is not sufficient to pay the total claim so they will file a lawsuit and "bleed" the other party. IT IS UP TO THEM TO GET REIMBURSED not you. That's What the policy is for. Full coverage is to put you in the same position (Indemnity) as you were before the accident.
If you have a good agent then you can sit back and watch the action. |
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♥ Uwish ♥
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The insurance company has to "Pro-rata" the damages and see what they can offer to all parties. They cannot pay out anything over the15K limits. Your best bet would be to use your own insurance. If the vehicle is a total loss they will just deduct your $1000 deductible from your settlement so its not like you would actually have to pay that money to anyone. Your insurance company will attempt to collect any monies paid out (including your deductible) from state farm. that process is called Subrogation. Your never going to get your $14K from state farm w/ 2 other parties being involved |
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redgator40
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the insurance company can only pay what the policy limits are. if you have underinsured/unisured motorist, you can file a claim and yes you probably have to pay a deductible. you might want to contact an attorney first. insurance companies can be so unfair! good luck |
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Queen B
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get the amount that they will pay to you. then file under your underinsured coverage on your policy. ( i hope you are carrying it). they may apply your deductible, but they will also go back to the person that hit you (subrogate) to get it back. they will most likely go after them for the full amount they end up paying off your policy. subrogation is done everyday in insurance...talk to your agent again about this. i dont know where you live but $15,000 is very low coverage, so i assume the person is carrying only the state minimums. NEVER a good idea!! |
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natjaytra
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I would definitely file first party. Your insurance is saying you have to pay the deductible. Poppy cock. They will subrogate against the party who hit you and most likely get your deductible back. It is a common curtesy in subrogation claims. One thing to learn. It is never fair. If someone drove through you 50 year old redecorated home, they only owe you for the depreciated value. Basically full cost to repair minus 50 years. As an adjuster this is one of the hardest things to explain, but that is the law. |
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