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Car accident at fault drivers insurance doesn't want to pay?

  
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Car accident at fault drivers insurance doesn't want to pay?

Postby hardin » Sun Jul 01, 2012 6:49 pm

I was involved in a car accident a few months ago. The other driver was ticketed 2tickets at the scene failure to reduce speed to avoid a crash and misuse of a median. My car was badly damaged I took it right away to have it repaired my insurance payed and I had to pay my deductible. I went to the at fault drivers court hearing for his tickets the judge threw the improper median use away but not the other and he plead guilty. Now his insurance finally has a claim but they are investigating stating they don't think their driver is at fault but haven't come to a final conclusion yet. My insurance said they probably will deny the claim but I will stil get my deductible eventually but it will take a while. What can I do now do I need to get a lawyer or take the driver to small claims court to get my deductible and if I do what about the bill for repairs my insurance paid already who pays that? I am trying to contact his insurance but I sure they aren't going to be any help.
hardin
 
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Car accident at fault drivers insurance doesn't want to pay?

Postby bean » Sun Jul 01, 2012 6:55 pm

The bill has been paid by your insurance. That is why you have insurance. How they collect on the bill is their issue not YOURS.
The deductible is all you are after at this point.
Take the driver to small claims court for your out of pocket deductible. Simple claim as a result of actions at incident X You can get copy of HIS guilty TICKET you were out of pocket so much for deductible . No more no less.

You are not there to argue his other traffic offences or what his insurance should or should not pay.Do you care where the money comes from? Your insurance has already paid repair bills that issue is theirs to deal with.

You are doing the work of the insurance company for the repair bills. STOP it has already been dealt with or will be dealt with by your insurance company.If it has only been two months be a little patient . You can check with small claims court clerk for when you could expect a case to be heard it may be many months before you could go before a judge anyway.
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Car accident at fault drivers insurance doesn't want to pay?

Postby colten » Sun Jul 01, 2012 7:06 pm

You said your insurance company paid for the repairs to your car. As such, there is nothing for you to do. They will handle it.

You do not take the driver to small claims court. You do nothing.

Who pays the bill for your repairs? You've already said your company paid it. Therefore, the shop has been paid. There is no outstanding bill to pay.

You don't need to contact his insurance company. Your company will handle that as part of the subrogation process.

Based on your post, the only thing you need to do is let your insurance company handle it.

They will subrogate the other company. If the other company formally denies their claim, then your company can file intercompany arbitration. There is nothing for you to do with any of that.

The only thing you need to do is move on with your life and don't worry about it.
colten
 
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Car accident at fault drivers insurance doesn't want to pay?

Postby kendell » Sun Jul 01, 2012 7:23 pm

Your insurance company has paid for this loss. They are working to get your deductible back. Hiring a lawyer will f*** everything up and you'll be waiting forever.
Not to mention, of you're so hard up for cash, how are you going to pay a lawyer? They don't work for free, and there isn't a lawyer who would take this case on a contingency.
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