Auto collision question

[Pascal Majon]

IL

I was rear-ended about a month ago. No personal injury, called the police, which came on the scene and made a report. To avoid paying my $500 deductable, I decided to work with the insurance company (United Equitable Insurance Co.) of the person who hit me. After numerous phone calls, faxes, and letters, they finally sent me a settlement letter offering to pay 75% of damages (based on a repair estimate), siting that I was partly at fault for "abruptly stopping".

First of all, I did not abruptly stop. I was sitting in traffic. The police report makes no mention of an "abrupt stop". Tomorrow I wall call the insurance rep and tell him that I will not settle for less than the full amount of the estimate. They would have to prove that I abruptly stopped, which is not likely. In the event they don't agree with my terms, I plan to get the car repaired and hire an attorney to recoup the repair costs and legal fees.

I have never heard of this situation before. I have been hit before, but I have had no problems getting fully reimbursed for repairs. Is it possible to fully recover the cost of repairs and legal fees if I use an attorney?

TIA

 

[BelizeBreeze]

so now do you think it's time to call YOUR insurance company?

 

[Pascal Majon]

so now do you think it's time to call YOUR insurance company?

I did (State Farm). They told me it would be best to deal with their insurance directly. Would State Farm be able to recover the full cost of my deductable?

 

[BelizeBreeze]

I did (State Farm). They told me it would be best to deal with their insurance directly. Would State Farm be able to recover the full cost of my deductable?

No, that you'll sue the driver personally for.

 

[ecmst12]

That depends, you'd have to ask your insurance company. I have had my deductible reimbursed by my own insurance company after the other person's insurance accepted liability, they cut me a check that same day in fact. I think it was maybe a week or so after I paid it? I wasn't out the money for very long at all.

 

[Pascal Majon]

I worked with my insurance company on this issue. They came and assessed my car and quoted me ~$400 in damages. Since the amount is below my deductable, $500, they refused to help me.

I have tried to communicate with the person that hit me. Their phone no. doesn't work, and letters I've sent have gone unanswered.

I don't care if I have to pay a lawyer substantially more to solve this issue. I do not want to concede to their insurance company and accept partial blame for getting rear-ended while sitting in traffic. I am looking to get full reimbursement for my insurance company's quote of ~$400.

Would a lawyer be willing to take this case? Is there any possible way to take the insurance company to small-claims court? What options do I have besides accepting the defendant's offer from their insurance company?