Possibility of Getting 100% Deductible After Subrogation

[bforbhavin]

One guy, Mr. A, had hit my parked car while backing out his car. I was that time inside my frnd's house. My frnd's neighbour (who had hosted Mr. A) knocked the door and informed about the incident. Then I said I have to call cops. That neighbour said no need to call cops because both of you have insurance so, you just take Mr. A's insurance information and file the claim. They looked genunine so, I did not call cops. I filed the claim to Mr. A's insurance company (Company A). Company A asked for report from cops which I did not have. So, they needed to confirm with Mr. A. But Mr. A did not respond to his insurance company. So, my claim denied from Company A. I gave 2 witnesses contact details one is my friend and another is my friend's another neighbour but Company A did not take proper follow-up and stop responding to me. Then I went to my insurance company (State Farm). They said they will go after Company A and I have to bear the deductible cost $500. Overall, repairing cost comes to $1500. I filed collison report (FR - 22 or something)to DMV through my insurance agent. I have given my car for repairing. Now, once repairing wil be done then case will go for subrogation. What are the chances of getting 100% deductible? If I get partial then how much I would get and what are the options further to recover rest of the amount? Someone suggested few things like go to Magistrate and sue Mr. A, file complaint about Company A to Insurance Commissioner. Can anyone suggests what are my rights and possibility of getting 100% deductible after subrogation? Pls note I am in South Carolina state and this incident happened too in SC.

 

[djs]

If your story is accurate, i.e., your car was legally parked when he backed out, AND his insurance was valid at the time of the accident, you stand a good chance (over 95%) of getting 100% of your deductible reimbursed.

Problem is, as you state the story, it doesn't add up. If Mr A did not respond, they would have taken care of it. Not responding is usually not a defense. This leads me to believe the real story was he did not have insurance (policy lapsed), which would mean you would need a deductible waiver coverage on your policy.

I could be wrong, perhaps he did respond. When you hit a parked car, its hard to not be at fault.

In this case, I don't see you getting partial settlement. That usually happens in larger cases. It's a remote possibility, then yes (I don't know SC law, so YMMV), you would proceed with a small claims lawsuit for the balance if it is worth it.

Dan

 

[Norwayguy]

On a side note..Now you know why its great to call the police in a situation like this...Maine law I don't know about SC law requires police notification of any accident with damages over $500...In this day and age its hard to find an accident that does less than $500 in damage.

 

[djs]

I don't know of anywhere that the police will respond to this type of accident anymore. You file the report yourself, online.

Dan

 

[VolAgent]

I don't know of anywhere that the police will respond to this type of accident anymore. You file the report yourself, online.

Dan

Get out of the big city more. Unless it is a severe weather event, they respond to every accident here, including some on private property.

 

[djs]

Cut out some of the police overtime and let people fill out the report themselves, online.

Of course, here we get 2 fire trucks, 5 police cars and who knows what else every time an ambulance goes out on a call for a twisted ankle. The cities here are concerned because with the recent budget cuts, they may not be able to roll a firetruck with every ambulance call. Now me, I'm not sure why they need to.

Dan

 

[VolAgent]

Cut out some of the police overtime and let people fill out the report themselves, online.

Of course, here we get 2 fire trucks, 5 police cars and who knows what else every time an ambulance goes out on a call for a twisted ankle. The cities here are concerned because with the recent budget cuts, they may not be able to roll a firetruck with every ambulance call. Now me, I'm not sure why they need to.

Dan

The extra manpower comes in handy, and fire trucks are often better positioned around the city. The fact the firefigthers union needed to protect jobs because of fewer fires made it an easy call.