by mkm233031 » Wed Jan 27, 2010 09:34 pm
I was in a 3 car accident in NJ - I was stopped to make a left turn at a green light. A car ran the red light on the cross street - hitting the car coming straight and spinning that car into me. The first car had no insurance - can we go after the second car's ins. co? My car is being repaired under my collison policy, but I'll still be out the $500 deductible.
Posted: Wed Jan 27, 2010 10:12 pm Post Subject:
Absoleutley, but with having no insurance, it maybe tough to get anything.
Posted: Thu Jan 28, 2010 12:44 am Post Subject:
If that 2nd car is one that the 1st car hit, no... that 2nd car did nothing wrong. Question... if that 1st car hit you and pushed you into someone else would you pay for that 2nd cars damage out of your pocket? Why not? Because you were not responsible for that cars damage. Same thing here.
Your carrier should still pursue recovery from that 1st party. There is not guarantees that they will get it but they should try. Many states allow for the person's drivers license to be suspended until they pay for the parties loss. People get tired of riding the bus.
Posted: Thu Jan 28, 2010 06:46 am Post Subject: Accident with an uninsured driver
Establishing the at-fault party here is important before going after the insurance company for claims. Clearly, the 2nd car is not at-fault here. So it will not pay for your damages or deductibles. Again, the at-fault party is uninsured, so getting anything out of him would be difficult. However, your insurance company can pursue recovery from the 1st party in person.
Posted: Thu Jan 28, 2010 07:09 pm Post Subject:
Thanks everyone. Looks like I'll be out the $500.
Posted: Thu Jan 28, 2010 07:14 pm Post Subject:
I'd not count on it but this does not mean you are out that money. It's up to your carrier how agressive they want to be but most states make it easy to suspend the person's license until the can show the debt has been paid. People get tire of riding the bus. As mentioned in another thread, some states have laws that state the insurance company needs to refund the insureds deductible 1st, before keeping any money. Even if this is not the case, you may eventually see your deductible refunded. As mentioned, don't count on it and it might be a nice surprise.
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