CA: Have to Pay Deductible Even Not at Fault?

[constanTL]

I live in CA and a little while ago a car backed into me in the parking lot. I filed a claim thru the other drivers insurance company but now the other driver can not be found. Progressive (the other insurance company) has been calling them twice a day for the past 3 weeks and even went to the home (no one answered). Progressive said that if they can not get in contact with the other driver within 30 days they will claim liability and pay for the damages but until they talk to the other driver they cant.
30 days is a long time to go without being able to drive a car so i asked my insurance to do the claim and wave my deductible. They said they can't wave the deductible because they also cant get in contact with the other driver(go figure right). Why should i have to pay my deductible if i was clearly not at fault? I heard most people do not get their deductibles back? Thanks for reading

 

[superfly33]

Your insurance company don't know yet if it's clearly the other party's fault so the deductible applies for now. If after further investigation, it turns out to be the other party's fault then you will get your deductible back.

 

[constanTL]

well the way the damage is on my car theres no way it could be my fault (rear quarter panel). plus the other driver is avoiding the insurance company. wouldn't that mean something?
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also, i now know that the resale value of my car has went down... is there a way to compensate for this? should i purse an attorney?

 

[djs]

Is your car so damaged that it is not drivable? Rear quarter panel could mean you were backing up.

Both drivers are entitled to get their side of the story heard. If it was the other drivers fault, and he had insurance, you will get your deductible back, if he has enough coverage. Parking lot dings usually don't exceed the property damage limit, even if it is only $5000.

If the damage is fixed, why will the resale value of your car go down? Every car has dings on it. You will not likely receive any compensation for loss of value for minor damage.

Dan

 

[constanTL]

no the damage isnt that bad ($2400). there's no way that this could of been my fault. my car doesnt drive sideways. i was driving thru a parking lot and the driver was backing out of their spot without looking behind them. rear passenger quarter panel is smashed in along with part of the passenger side rear bumper is all scrapped up. i guess you'd have to see the pictures to agree that it was not my fault.

obviously the other driver doesnt want to talk to either insurance companies(that should mean alot) so why should their story even be considered as an argument as to who was at fault? they could just make up some random crap. i guess thats what pictures are for.

you say why would the resale value go down? if you were looking at two used cars and one car has never been in an accident and the other has been in an accident which one would you choose? i dont think i even have to answer that. i can now never sell the car at a "never been in an accident" price. therefore the resale value has gone down.

 

[VolAgent]

I'm not saying I doubt you, but you need to see it from the insurance company's side.

Is there a police report? It may be you that backed out without looking and backed right in front of the other driver, who didn't have time to stop before hitting you. There are more ways than you might suspect that could have caused that damage.

Also, there may be a perfectly valid reason no one can contact the other party. Maybe they are out of town, on vacation, whatever and can't be reached.

The companies want to give them time to respond and not rush to judgement. But why don't you submit the claim to your company, pay the deductible for now and get a rental. If you are not at fault, you'll get the deductible back.