Pay Deductible When rear ended by driver having same Insurance??

[LarryN1]

I was rear ended on the freeway by a driver. We pull over and exchange info...we have same insurance company MERCURY. Mercury says that I will have to pay my deductible ($500) to get my bumper fixed/repainted....(For 560) or they will just pay me 60 bucks.
Does this make any sense?? The guy that hit me says that he was hit by some hit and run driver that I never saw...my insurance says that since he is not at fault, I will have to pay my deducible...and that I CAN SUE the guy (having the same insurance as I do) to get my 500 back. AREN'T THEY SUPPOSED TO DO THAT??? I was not at fault.....WHAT gIVES???

 

[adjusterjack]

The guy that hit me says that he was hit by some hit and run driver that I never saw.

Let's start with that. If he was hit by another car and the impact pushed him into your car then he is not at fault and doesn't owe you anything.

There would be nothing for your insurance company to go after him for and you would lose in court.

That you didn't see the hit and run vehicle doesn't mean that it didn't happen. If your insurance company is paying for the damage to his car under his collision coverage there should be some photos of the damage to the rear of his car and the police report should also address that there was a hit and run driver.

If you can verify that then, yes, your deductible does apply.

 

[LarryN1]

so if i was hit from behind and the person took off, then my insurance company would make me pay my deductible?? (since in that scenario the person at fault never appears (just like your explanation?, that is, a phantom person is at fault and so I have to pay my deductible?))

what if he cannot prove that he was hit from behind?? or offers weak proof, like old bumber damage to his rear??? (i.e., he's lying to get out of being at fault)

 

[adjusterjack]

so if i was hit from behind and the person took off, then my insurance company would make me pay my deductible?? (since in that scenario the person at fault never appears (just like your explanation?, that is, a phantom person is at fault and so I have to pay my deductible?))

Yes, that's how it works.

Though some insurance companies might waive the deductible under that kind of circumstance but you would have to have that written in the policy, generally as an optional coverage.

what if he cannot prove that he was hit from behind?? or offers weak proof, like old bumper damage to his rear??? (i.e., he's lying to get out of being at fault)

People get away with lying all the time. If the lie is believable you have nowhere to go with it.

If you believe that the driver lied, YOU are the damaged party, YOU would have to take him to court and convince the judge that he lied. Your insurance company doesn't do that for you.

What you have to understand, however, is that experienced adjusters can tell the difference between old damage and new damage.

 

[scagnt83]

What did the police report say? It sounds like maybe there is not one....