HarryTheSpider

Hi

It's been 8 weeks or so since our car got knocked outside the local Fry's supermarket. We're currently $700 out of pocket. The car's been repaired and the bill paid for by my insurance, who have said it's the other party's fault...

I just want our $500 deductible back - the other $200 isn't covered...

It's all so slow here - nobody seems to be doing anything at the insurance company, which seems to be the 'norm' here for the industry...

So I'm open to 'advice' - accepting the usual disclaimers etc!

Should I write to the other party, give them 28 days to pay etc 'or else'?

Cheers

A disgruntled HTS

fatbrit

File yourself in small claims -- http://www.superiorcourt.maricopa.go...s/smallclaims/

Collection of any judgment is usually the most difficult part.

Mummy in the foothills

Didn't their insurance pay it all? I called the other drivers insurance daily till I got my money, I also spoke to a supervisor each time, I had her name and direct number after a few calls.

Bob

If you don't chase their insurance to pay up, write the money off, it'll not be worth making the collections even if you did go through the small claims.

Michael

Your insurance will not pay the deductible until your insurance company collects from the other parties insurance or the other party if he doesn't have insurance.

If your insurance company can't collect from the other party, it is unlikely that you can. You can file a small claims and get awarded a judgement but it is likely going to be difficult to collect. Then you will have to file a garnishment order (must have his employers name and/or bank account numbers) and even then it may be difficult to collect since his salary may be protected (he has to earn over a certain amount before wages can be garnished).

fatbrit

One persuader in AZ is that after 90 days of none payment, you can have the other party's licence suspended by DMV on application. It remains suspended till they pay up.

S Folinsky

Harry:

As others have mentioned, if the other guy has insurance, you can make a claim against his company.

To sue or not to sue often depends upon whether you can collect or not.

BTW, you may want to sue for the entire amount of damage, not just the deductible. Make sure you notify your insurance carrier that you are doing this. No, you don't get double recovery -- your insurance company will usually have rights of subrogation.

On the subject of subrogation, you might want to find out if your state has what is called a direct action statute.

Please see my caveat below. I may be a lawyer, but I am not YOUR lawyer. Also, this is totally outside of my area of expertise. The concept of "direct action" is just one of those little tidbits of information that stick in the mind from a law school education nearly forty years ago. I only know that the issue exists -- I have no idea what the answer is.

HarryTheSpider

Thanks everybody for your responses.

Since posting this here Mrs HTS has reminded me that as part of my benefits package at work is a certain amount of 'legal advice' on a wide variety of matters, so I'll make use of that, see what I find out in terms of options, and post back here (under the usual caveats!!)

I'm about to become a very squeaky wheel with both insurers - and may look to flip to a different company if my insurer can't be bothered to act on my behalf...

Cheers

HTS

Redwing

File a complaint with the State Commissioner of Insurance.

Rete

If your insurance company did not financially assist in having your car repaired then it has no reason to represent you in obtaining a refund for monies spent on repair.

That you did not wait until the other party's insurance company repaired your car was your decision. The accident must have been minor if the cost to repair the auto was only $700. Sounds like it was nothing more than a minor fender bender.

HarryTheSpider

The cost of the damage was a shade under $1700

I needed my car repaired quickly - we only have the 1 car. My insurance company told me where to take it to get it repaired, and said they'd pursue the other party to recover my deductible. All I had to do when I picked up my repaired car was pay the $500 deductible to the repair shop - my insurance company paid the rest direct to the repair shop.

It may only have been a fender bender, but $700 is still $700 and I'm not prepared to simply let it go and put it down to 'experience'.

One lesson for all here that are new to the US - ask questions, find out what the implications of each decision and options are before you do anything. I didn't do that as much as I could have, and currently I'm getting screwed for it...

S Folinsky

Your insurance company wants their $1000 back also. Don't be surprised if your premium goes up.

There are a lot of things to consider.

Michael

If the other guy has insurance, the insurance companies will eventually settle and you will get your $500 if the accident was determined to not be your fault.

If the other guy doesn't have insurance, your insurance company will likely give him a call and send him nasty letters but are unlikely to take it further since any award will likely be eaten up by their lawyers costs. So if they can't collect by sending the guy nasty letters, they will just write off it off as a loss. Many times an insurance company will write off 10 of thousands of dollars just because it is impossible to collect from the person that caused the accident.

Your insurance company only represents you when it is worth it for them (all insurance companies). Changing insurance companies will not accomplish anything if you have another minor accident.

frrussre

What insurance, did the other driver, have?

Ask, your Insurance company, have the other insurance Co, agreed liability/to pay in full.

When you have any kind of accident, if you KNOW, your in the right, tell, your own Insurance company the details & tell them just to put it on record. You will deal with it yourself. Then deal direct with the other insurer + rental car, arranged and paid by them. Once claim is over, your own company may want to inspect your vehicle, make sure work was done.

If other insurance company, does not agree to pay (Before repairs are done), 7-10 days go back to your company, get them to deal with it.

Unless, its a 50/50, he said she said, always deal with it yourself, much quicker.

Fully insured vehicle, runs into back of you or you are parked, truck hits it, always deal direct, with their insurer.
Frank R.

HarryTheSpider

Frank (frrussre)

Thanks for your specific suggestions on what to do next time!

Cheers

HTS