Her insurance won't pay my deductible.

[doxviper]

What is the name of your state? CO

A lady backed out of her parking place and broadsided my car as I passed by. Her insurance paid everything except $1000 which is my deductible. I think they should pay for everything. Is this a scam since they know it may not pay or I may not want to take it to court?

Thanks, Bill

[BOLSHEF]

I've never heard of such a thing. In some states there is comparative negligence where a party would state that you are 10%, 25%, or 40% liable. You can agree to that and accept their payment of 30% of the total damage or use your own insurance and the insurance companies can duke it out.
You may want to clarify if they are withholding that $1k simply b/c thats your own policy deductible? Ask to speak to a supervisor for further explanation if it seems the adjuster isn't cutting it for you.
Good Luck....

[racer72]

A deductable only applies to claims you make against your own policy, not the policy of others. You should contact your state insurance commissioner's office or file a small claims lawsuit.

[moburkes]

But, the problem at this point is that OP already accepted the partial payment. OP, did you also sign a release form when you received that partial payment?