Visitor Question

Car hit while parked…

Submitted By: (Albany, NY)

The other night my car was hit while parked legally in front of my home.

The driver of the car that hit my car was arrested for DWI as well as other tickets.

When I called my insurance company – which is the same insurance company as the other driver – they told me that I would have to pay my deductible of $1000.

They also asked if I would like a check or to have my car looked at. I didn’t feel that I should be responsible for the deductible as I had no part in causing the damage.

I called them back and told them and the agent was all up in arms telling me that the other driver is also a valuable customer and they wouldn’t want to do anything to damage their relationship; in other words, they wanted me to pay the deductible and not cause any trouble.

I told them I wanted to file a claim on his policy and they told me it would take weeks, even months. I went ahead and did it anyway.

Also they told me because I was filing the claim against his policy I would not be able to get a rental car as previously promised.

I guess my question is, am I responsible for the deductible and does this seem legitimate? I feel like they are trying to bulldoze me. The car has significant damage – thousands of dollars. Thank you for any information and perspective you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear ,

Read your insurance policy. If it states you are responsible for the deductible in case of a crash caused by a third party’s negligence, then you are responsible. If, in the alternative, the policy is silent regarding that issue, then you have a right to demand your insurance company pay the full amount of your claim, without your having to pay the deductible.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 18, 2017

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