by kristina_wooten » Sun Jun 26, 2011 06:37 am
again,my husband,my kids and i had arrived home to see police cars and two vehicles in a collision in front of our house..and to our surprise the car that had been hit was my car that was sitting out infront of our house and i was hhit when we werent home by a person whom had fallen asleep at the wheel....so my question is why would i have to pay my deductable when i wasnt at fault or even envolved in this accident?? and shouldnt his insurance pay for my deductable??i dont think i should have to pay one penny out of my pocket... i do have full coverage!!
Posted: Sun Jun 26, 2011 05:55 pm Post Subject:
why would i have to pay my deductable when i wasnt at fault
If you are in MI, MI is a true no-fault state, even for property damage. If you are not in MI then the only reason you'd be subject to your deductible is if you filed under your own policy (it's part of the agreement). Your carrier would then attempt to recover from the at fault party and if they did, would refund your deductible. Your other option is to file directly with the at-fault parties carrier.Posted: Mon Jun 27, 2011 07:48 am Post Subject:
Your carrier would then attempt to recover from the at fault party and if they did, would refund your deductible.
Aside from filing the claim directly with the at-fault party's insurance company, as tcope has said, if you pay the deductible under your own policy, you have the right to collect that amount from the at-fault party if your own company fails to do so. You would make a demand for the money, and if it is not paid, then you may sue in small claims court.
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