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 Car Accident - Hit from behind, other driver at fault. Insurance won't pay.?
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sportshark22
What to do if someone else hit me (car accident) and their insurance is only willing to pay half of damages?
I received an estimate from my local dealer, it turned out to be $2,200 in damages. I wanted to go through her insurance, but their "estimate" is about $1,100. If I go through my insurance, I have to pay $1,000 deductible which I shouldn't have to seeing it was not my fault. I've been waiting for a month since the accident and still don't know what to do...they are screwing me over I think...



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New Dog Owner
Rating
Tell them you are going to talk to a lawyer if they won't pay the full damages.

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Andy
take them to court

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java_isle
Rating
You agreed to the deductible on your insurance when you signed up.

The other persons insurance should pay for your car to be back in exact working order. Fight them. Go there 2 times a week and talk to them and don't care if other customers see. Be loud. Their customer damaged your car. You want it back how it was.

If they refuse, take them to court for the car damage, and ask for loss of wages, your car repaired properly and a rental car while yours is being repaired.

Don't be silent. They expect you to walk away with your tail between your legs. Insurance agents learn that in their training. They know they owe you. Go after it and get it.

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George P
Get your estimate in writing, and have your insurace company talk to their insurance company. You shouldn't be talking to anyone. Technically, you should get your car fixed and have the bill sent to their insurance company, and that insurance comany and their client needs to figure out how to pay for it. Since you were not at fault, then all you want is a car that is put back to how it was, before the other guy hit you.

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ME
I went to court and yea I got the money but after waiting forever and going back and forth to court paying fee after fee to everyone--take what you can if your insurance company wont fight for you..

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Drum MaJor
what do you think, I'd sue if you have pictures and proof that they hit you or they know it and fess-up, you should be able to get the money. or ask them for it, if it where me i'd feel bad if the person was nice but would you rather stay nice or get your car fixed... go try at least 2 other dealers as well, your results will vary depending on who will fix it.

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wish I were
Your car insurance company should be handeling this for you, it's what you pay them for. You should not be talking to the other party's insurance company at all!!! If your insurance isn't handeling it properly, then contact an attorney!

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antnstacie
Rating
I was in the same situation about 2 years ago. Someone ran a stop sign and I couldn't stop in time and I hit the back end of his car. But as the police showed up he confessed that he ran the stop sign to the officer so I was lucky. BUT, I have a $1,000 deductible as well. After everything was settled I received my deductible back because it wasn't my fault and that's what the police report stated.

You should really contact your insurance company and if they don't help you contact a lawyer and make sure you have pictures and a statement from the police before you call the lawyer. THEN after everything is finished - switch your insurance company.

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Elaine P...is for Poetry
Your insurance company can take this to court and not charge you. Whether or not they will do so, is another question. Insurance companies love your money and they hate to pay you when you need them.

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shelcom
Rating
First, get another estimate. If the damage is really $2200 you should able to get all the estimates you want around that price. You have the right to have the car repaired anywhere you wish, Let them argue with the insurance company.

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Robert R
Rating
Do not go through your insurance, not only would you have to pay the deductible, but your premium would also go up.

Ask their insurance where they got their estimate from? If I were you I would take it to the dealership and get an estimate from them, to ensure quality parts and work for your vehicle...therefore they cant say no to your estimate. If you need help, your insurance should be able to assist you in communicating this with the other driver's insurance company...just call and ask.

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la428282
let me explain.. contrary to popular believe.. insurance companies dont just lie to people about cost.. do you really think they have big meetings where the managers say "ok.. how can we screw people over today? no.

Heres what happened... the insurance company did an estimate that was reasonable. It probalby includes used parts (which is perfectly acceptable) and only replaced what needed to be.

Your dealer.. who is in the business to make as much money as possible.. put all new parts (so they would profit) and replaced everything (so they could do less work)

The insurance and the dealer will work out their differences about the estimate hopefully. Just take the insurance estimate to the dealer and tell them to work off it (they know they have to) if they have any supplements- they will know to call the at fault parties insurance

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Michael t
you need to call you ins broker and tell them to contact them ...it's their job to help you

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Clevis D
Rating
Did you even once think that your local 'dealer' may be screwing you? Compare the two estimates and see where the differences are. The shop may only use brand new, OEM parts and the insurance company (perfectly within their rights) are using used or aftermarket replacement parts. Shops tend to write damage estimates with a very heavy hand and there could be a lot of fat in the estimate. The insurance company is obligated to restore your vehicle to 'as near' condition prior to the loss so even if some of the damages are not on the original estimate they will be included after repairs have begun.
P.S. -- don't listen to all the dopes screaming for a lawyer. No lawyer will take a property damage case and they can't help you anyway. You will be far, far better off to go through your own company and let them return your deductible when they recover the money from the other company.

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