by Guest » Sat Oct 13, 2007 06:03 am
Please help, my car was hit by a relative when it was parked in my driveway. This relative doesn't carry any insurance on her car. So, I have filed the claim with my insurer. They now want me to pay the $1, 000 deductible. This is quite a big amount for me and I wasn't at-fault. Can I avoid paying this high deductible? Can I sue my relative who doesn't have a carrier? :(
Derek
Derek
Posted: Sat Oct 13, 2007 06:53 am Post Subject:
Sorry Derek, when you have chosen $1, 000 deductible you need to pay that. Legally you cannot avoid paying the deductibles. You have agreed upon paying the deductible at the time of signing for the policy and the policy premium was decided accordingly. Therefore, you are legally bound to pay the deductible for the damages and you carrier will pay the rest amount.
IMO, if the damage is worth less than $1, 000, then you better pay it personally. These small claims may upset your future premium rate too.
Rupert
Posted: Sat Oct 13, 2007 07:53 am Post Subject:
You are right Rupert, he can't avoid paying the deductibles. High deductibles often lower your premium but at the same time you need to ensure that you are capable of paying the high deductible at the time of need.
This is quite a big amount for me and I wasn't at-fault.
That is where you went wrong Derek. We often fall pray to the immediate saving that we make by choosing higher deductible. Right, you were not at-fault but life doesn't play fair with us always.
Regarding suing the other party………well, some states may allow you do so. You can file case at the small claim court. But you better acquaint yourself first with the respective laws of your state regarding this. Good luck.
Juanita
Posted: Sat Oct 13, 2007 08:58 am Post Subject: Sorry friend.......no bypass
You have to pay the deductible fault or no-fault. There is no bypass for it. You always have to pay the deductible for the collision coverage. Actually, you simply stand two chances either pay high deductible and low premium or low deductible and high premium.
You can sue the relative. But my friend, winning the judgment doesn't ensure that you will be reimbursed. The court will not collect the claim on your behalf, that you have to do yourself.
Alternatively, after paying the compensation, the insurance company will refer the case to their respective subrogation department. And they will then go after the at-fault party's insurance to recover the loss (including your deductible). But as the motorist doesn't carry any coverage this option may not be available for you. InsAmi
Posted: Sat Oct 13, 2007 09:03 am Post Subject: UM may be available
Depending upon your state law..........the damages may get covered under the uninsured motorist coverage instead of collision coverage. But the deductible will still be applied to it. However, it may not be as high as the one you have. You can try this option too.
Thanks, Cynthia
Posted: Sat Oct 13, 2007 12:16 pm Post Subject:
Good morning Derrick and welcome.
Well your 'relative' of course should've made some attempt to take care of these damages.
Let me clear up a few things, first;
the damages may get covered under the uninsured motorist coverage instead of collision coverage.
This statement is incorrect, Uninsured Motorist coverage will NOT fix your vehicle this coverage pays for the injuries caused by an uninsured motorist, and there is NO deductible on that coverage, it is a liability coverage and required in most states. There is a coverage called UMPD (Uninsured Motorist Property Damage) this is only required in I think one state. At any rate it isn't Uninsured Motorists.If your company makes a payment (above your deductible is all they will pay) and you have told the truth about the facts of loss, they will (insured or not) be coming after your relative eventually.
Is your vehicle driveable? Do you have a loan on it? If you do not have a loan on the vehicle you can ask that the payment which will/should be the cost of repair less your 1k deductible be made directly to you. Then go to your shop see if there are some things that you can NOT repair. Perhaps a bumper that is a mess but still on the vehicle and workable. If so that will save you. You clearly won't be able to fully repair you vehicle but you will be able (maybe) to get it safe and running again.
Be upfront with your adjuster tell him/her that you are 'short' and not sure when you will have the deduct and see if they can help you with an AA (appearance allowance) on some of the damage, I do this all the time with people in your position. What that means is (lets say) your head lamp still works but has a deep crack I (as the insurance company) can replace it for 200.00 or offer you an AA of 100-150 to keep it and live with the scratch, which will come directly off of your deductible now it is reduced to 900.00 see?
Keep in mind any repairs not completed that have been paid for should you suffer another loss, will not be paid for again, (ie the headlight or bumper scenerio). Ok? And yes, they CAN tell. :wink:
Above all talk to the adjuster, and see if they can help you with a solution, and again, your company more than likely will be coming to your relative personally once payment has been issued for the entire amount of the claim including your deductible, so if your relative decides they can 'help' with some of this deductible etc. you CANNOT release them from the rest of the claim, understand?
Best of luck, and let us know if we can be of further assistance.
Posted: Sat Oct 13, 2007 04:35 pm Post Subject:
Am I missing something... someone related to you is driving without insurance, they cause damage to your vehicle and then leave you holding the entire bag for all the damages, including a $1000 deductible? Nice family. When this relative hits someone else and they are injured I'm betting the other people are not going to be so nice. You now have only a slight taste of how someone else would feel if your relative hit them. Not so sweet.
As Lori mentioned, don't thing your insurance company is going to pay your loss and just forget that someone else is responsible. They _will_ go after the person that caused the loss for the _entire_ amount of the loss. Some states allow an insurance company to suspend the person's drivers license if they don't pay this back (all states should allow this.. law requires that your be financially responsible in order to operate a vehicle, if your not, you don't need a DL).
Technically your insurance company only has a right of collection for the amount that they spent on the claim. This does not included your deductible. But in the legal world, anything your relative pays toward this claim, you and the insurance company would need to split proportionatly to the amount contributed toward the loss. Again, that is in a perfect world.
Is there a way to get out of the deductible? Well no... _but your letting your RELATIVE get away with causing the damage and leaving you to foot the bill_ (and drive without insurance)?????? If so, I can't honestly have any sympathy for you.
I'm guessing if you elected a $1000 collision deductible that you did not elect to pay extra for UMPD (even if it's offered in your state).
[Lori: There is UMBI and UMPD. Better to spell them both out, rather then call one UM]
Posted: Sat Oct 13, 2007 11:22 pm Post Subject:
I KNOW TCOPE :roll: that there are two different UM coverages. :wink:
Lori: There is UMBI and UMPD
That's why I clarified UMPD. And that UM is for injuries only. But you are correct everyone doesn't understand the difference, in my state (which it is required) it is simply 'referred' to as UM. And the 'other' is always called UMPD, while not required (in my state) is available. Thank you, kind sir for pointing out that I should fully disclose the difference each time. :)
Posted: Mon Oct 15, 2007 04:32 am Post Subject: nit pick
Lori, I don't mean to be rude, but if you want to nit pick, Uninsured Motorists is not a coverage either. The proper name is Uninsured Motorists Bodily Injury (UMBI), which yes, is clearly different from Uninsured Motorists Property Damage (UMPD). That being said, since you made the same mistake (failing to use the proper title of a coverage) I wouldn't have pointed out the mistake of another. After all, they did say, "depending upon your state law." And finally, UMPD IS Uninsured Motorists, just as much as UMBI IS Uninsured Motorists. Just saying UM doesn't cut it, especially if you live in a state with both UMPD and UMBI. Oh, and several states offer UMPD as a coverage, and it is not REQUIRED in any.
Posted: Mon Oct 15, 2007 09:32 am Post Subject:
Am I missing something... someone related to you is driving without insurance, they cause damage to your vehicle and then leave you holding the entire bag for all the damages, including a $1000 deductible? Nice family.
Right Tcope, but you can't pick your relatives always. :cry:
But you guys were great help to me. I am taking it that I cannot avoid paying the deductibles. And I fully agree with you guys that I should not allow her go away like this. I appreciate the information you have provided. Thanks to all
Derek
Posted: Mon Oct 15, 2007 11:04 am Post Subject:
Well, Popcorn, since I clearly have no understanding AT ALL about UM, I'm so glad you dropped in to set me straight.... :roll:
If you read the comments you certainly saw that I agreed I should've clarified it.
But you are correct everyone doesn't understand the difference, in my state (which it is required) it is simply 'referred' to as UM. And the 'other' is always called UMPD,
tcope knew what 'I" meant, he was saying as I read it, (for the sake of others) that I should always differentiate the two, and I agreed.since you made the same mistake (failing to use the proper title of a coverage) I wouldn't have pointed out the mistake of another. After all, they did say, "depending upon your state law."
I clearly clarified the difference in the orginal post. wow and you talk about nit picking?Uninsured Motorists is not a coverage either.
Perhaps you should let these poor fools in on it........ from; iii just chose one state as an example (Illinois) ,
IL BI & PD Liab, UM
another;Uninsured (UM) and Underinsured (UIM) Motorist Coverages UM pays benefits to the policyholder if he or she is injured by a motorist carrying no insurance.
againState Liability required? Liability minimums (in thousands of dollars) PIP required? No-fault state? Uninsured motorist coverage required? Alabama Yes, 20/40/10 No No No
so you see apparently I am not the ONLY misinformed creature. Appears that those who even know more than popcorn, (ie iii, am best for example) also refer to it as "UM", or "Uninsured Motorist". Just got my renewal with of course the policy in it and low and behold, it says, "PART IV-COVERAGE E-UNINSURED MOTORIST! another idiot......course they are only in the top three auto insurer's in the country! -- Another from a state DOI webpage (and yes this state also offers UMPD)Uninsured Motorist
And look here this one actually comes right out and calls UMBI, simply UMProtection covers the policyholder, family members, and passengers if injured by a hit-and-run motorist or driver who carries no liability insurance.
Uninsured Motorist Bodily Injury (UM):Covers you, the insured members of your household and your passengers for bodily/personal injuries, damages or death caused by an at-fault uninsured or hit-and-run driver. If you are involved in an accident where the other driver is at fault but has no insurance, your policy will cover your medical expenses, up to the limit on your policy
One final one from this very site !Additional Information:Is it a No-Fault State? – No, it is a tort state. Uninsured Motorist Coverage Required – Yes.
So you see popcorn, I'm apparently amoung good company, although again I agree for clarity I should fully explain the difference between the two.......this my friend, (and your comments) ARE NIT PICKY :roll:
Add your comment