Two parties with the same auto insurance company issue

[sup3rd4v3]

What is the name of your state? PA

A friend of mine was rear ended by an another driver who was at fault. My friend and the other party are with with same nationally well known auto insurance company. The company tells my friend that based on the information available to them, they found the other party is at fault but that party's insurance is "not good". Therefore, my friend will have to pay the deductible and fix the damage using the insurance coverage. My friend feels the insurance company should fix the damage without asking for any deductible and not to increase the premium in the future.

What is the best course of action here? Pay the deductible to fix the car and sue the other driver to recovery the deductible? Can my friend sue the insurance company? Hire an attorney? Thanks

 

[HighwayMan]

Your friend needs to deal with this. For instance, what does it mean that the insurance is "not good"? If your friend is that interested then he should be here answering questions directly.

Your friend has no reason to sue the insurance company. NONE.

 

[adjusterjack]

that party's insurance is "not good".

Get your friend on here to explain what that means. If the liability claim against the other driver was denied, your friend should demand that denial in writing showing the other driver's claim number and policy number in the letter. Have him do that and come back here with the explanation.

 

[neanderthal]

Your question/ statement doesn't make sense.

Is the other party's insurance inadequate, or is it expired expired? Because "not good" isn't the right verbiage.

 

[HighwayMan]

Your question/ statement doesn't make sense.

Is the other party's insurance inadequate, or is it expired expired? Because "not good" isn't the right verbiage.

Please stop repeating what other posters say. If you have nothing new to add then posting just for the sake of posting is wasting everyone's time.

 

[sup3rd4v3]

The insurance company told my friend that the other party's insurance was expired at the time of the accident. My friend has the under insured and uninsured coverage in his policy but he just found out it only covers the bodily injuries in PA. So he has to pay the deductible to fix his car and take the other party to the court to recover the cost. His insurance told him they will sue the other party to recover their portion of the repair cost and may even refund the deductible back to my friend. I've never heard of this before. He has a front facing dash cam in his car and was recording when the accident happened.

 

[adjusterjack]

I've never heard of this before.

Where have you been all your life.

That's the way it works everywhere in the US. When your insurance pays for your damage and somebody else is at fault your insurance company has a right of subrogation against the at fault person. It says so right there in the insurance policy. If you have an insurance policy it shouldn't be too hard to find.

When your insurance company subrogates it does so for the entire amount of the claim and when it collects it refunds the deductible to the insured.

When the at fault person has no insurance the collection effort becomes problematic because the person has no money. Insurance companies generally send those out to collection agencies who may be able to collect small amounts over long periods of time and the insurance company eventually refunds the deductible.

Suing the other driver for the deductible presents the same problem. Getting the judgment is easy, collecting on it isn't.