Need Help With My Claim

asseenonharbor · #1 11-12-2007, 10:36 PM

What is the name of your state? CA

So this is what happened. My car was parked outside of an apartment complex. At 3AM, my car - along with 2 other cars - were hit. I've talked to the other party's insurance (the one at fault) and they told me that his coverage is limited and may not be able to cover for all the damages because their are 2 other cars involved. My car was estimated at $5400 of damages. I'm a student and don't have $1000 to pay for my deductible towards my insurance company. Even if the other person has limited coverage shouldn't they have to cover for all my damages regardless... Why should I be at a disadvantage and have my insurance rates increase as well.

Also, can I still cancel my claim with my own insurance company? I'm afraid that they got the ball rolling with my auto body and the thing is that I don't want to pay for the deductible.
What should I do? What is the best route to go?
Need help.... my first claim and I'm having a nightmare. Thanks.

ecmst12 · #2 11-13-2007, 09:05 AM

If you don't have underinsured motorist coverage, and the other party has state minimum coverage ($5k), your only recourse will be to sue the driver in small claims court and hope he has assets to pay you. His insurance company will probably want you to sign a release before paying you anything - if you do this, you will not be able to sue. So weigh your options.

jballidis · #3 11-13-2007, 05:05 PM

You can collect you r entire damages with a little work on your side of things. First, have the other parties insurance estimate both cars damage. IF they do not exceed the total of that party's insurance then both cars are fixed and you are on your way. If the amount is exceeded to fix both cars, you can get your deductible from the other party's insurance company and have your car fixed through your coverage. Your insurance coverage premium will not go up as a non chargable accident and also your insurance company subrogtation claim (their claim for reimbursement in Californiia) is second to your claim by case authority. If you tell your company this, they may even waive the deductible for you. Good luck.

ecmst12 · #4 11-13-2007, 06:36 PM

You don't get your deductible back before your insurance company gets its money. If the limits are exceeded, and your insurance company gets, for example, 60% of its money back from the other carrier, then you will get 60% of your deductible. Some insurance companies may give you back your entire deductible first and take the loss on the over-limits portion themselves, but unless CA has some wonky law that I'm not aware of (which they might), they are not required to.