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Insurance won't return deductible/incorrect Police Report

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spachick

Junior Member
What is the name of your state? Maryland

4 cars are involved in rear-end collission.
Car #1- driver ill -car stops abruptly on major hwy.
Car#2- slams on brakes and doesn't hit car#1
Car#3 - slams on brakes and doesn't hit car#2
Car#4- doesn't slam on brakes and collides into car#3, pushing car #3 into car#2, and car#2 into car#1.

The police report says Car#1 had an illness and fails to recognize that cars 2& 3 stopped in time and it was because of car#4 that the accidents with Car #2 & 3 occured.
Because of these slight adjustment of the facts, Car#3's insurance company is not returning the deductible and has increased their insurance by more than 20%. This is Car#3's first insurance claim in 13 years and the first claim with their insurance company.

What can car#3 do to fight this because it wasn't car#3's fault that the accident occured? It was either car#1 (illness) or car #4 (failing to brake in time).
 


JETX

Senior Member
spachick said:
What is the name of your state? Maryland

4 cars are involved in rear-end collission.
Car #1- driver ill -car stops abruptly on major hwy.
Car#2- slams on brakes and doesn't hit car#1
Car#3 - slams on brakes and doesn't hit car#2
Car#4- doesn't slam on brakes and collides into car#3, pushing car #3 into car#2, and car#2 into car#1.

The police report says Car#1 had an illness and fails to recognize that cars 2& 3 stopped in time and it was because of car#4 that the accidents with Car #2 & 3 occured.
Because of these slight adjustment of the facts, Car#3's insurance company is not returning the deductible and has increased their insurance by more than 20%. This is Car#3's first insurance claim in 13 years and the first claim with their insurance company.

What can car#3 do to fight this because it wasn't car#3's fault that the accident occured? It was either car#1 (illness) or car #4 (failing to brake in time).
If the accident happened as you describe, it is likely that car #4 would be found at fault.
However, fault really has little to do with this. Presumably, from your post, you had to file a claim on your insurance and thereby incurred the deductible per YOUR policy.
It is entirely up to YOUR insurance company whether they want to pursue a lawsuit against the at fault driver and recover your deductible (from them). Contact your insurance company and get a statement from them (in writing) releasing you so that YOU can pursue your deductible claim from the at fault driver if they aren't.
If they agree, then file YOUR lawsuit against the driver to recover your deductible.
 

spachick

Junior Member
Insurance Rates

Since our insurance company won't return the deductible and the rates have increased, if we were to sue (and win) would the insurance rates be lowered automatically or do we have to go through some type of procedure to do that too!?
 

JETX

Senior Member
spachick said:
Since our insurance company won't return the deductible and the rates have increased, if we were to sue (and win) would the insurance rates be lowered automatically or do we have to go through some type of procedure to do that too!?
There is NO statutory obligation for your insurance company to lower your rate. Further, your premiums are based on several factors and not usually not just one claim (especially if it is questionable liability). How many claims have you filed with them???
 

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