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Hi, my wife had an accident a few months ago. She was standing…

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Hi, my wife had an...
Hi, my wife had an accident a few months ago. She was standing still on a school parking lot, and a student backed into her car. The student and his parents (and subsequently their insurance company) have declined to admit fault. The school has video footage
of the accident, and watched with my wife, together... Read full answer
Hi, my wife had an accident a few months ago. She was standing still on a school parking lot, and a student backed into her car. The student and his parents (and subsequently their insurance company) have declined to admit fault. The school has video footage
of the accident, and watched with my wife, together with the school campus supervisor and a police officer. They all agreed that it was very clear that she had no fault in the accident. Since then our insurance company has made us pay our $500 deductible,
and says they are going after the other party, but nothing has happened for months. We also don't think they have even asked for the video footage from the school. Can you recommend what our best next action is (towards our insurance company?) to get back
our $500 deductible since we were not at fault at all?
Submitted: 5 years ago.Category: Legal
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Answered in 2 minutes by:
3/18/2014
Lawyer: Isaac, Esq., Attorney replied 5 years ago
Isaac, Esq.
Isaac, Esq., Attorney
Category: Legal
Satisfied Customers: 41,918
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you with your concerns.
What, specifically, have you tried in getting your insurance company to get this resolved, at least so far?
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Customer reply replied 5 years ago
We have called them many times and basically complain that we should not have to pay a deductible. They say they are still researching and working with the other insurance company but have no resolution. We are worried that it will not get resolved because it has taken so long and because they have not even asked for the video we wonder how serious they are about getting this resolved. we are not ready to escalate, but I'm asking this question so we know what to do in a case where they are not able to get the other insurance company to accept responsibility.
Lawyer: Isaac, Esq., Attorney replied 5 years ago
Thank you for your follow-up and for your patience. My apologies on the delay.
Legally the insurance company does not have to return the deductible as it is a situation where they can still hold you liable for the accident expenses (even if you obviously did not do anything to cause it). Your recourse is to demand that the insurer pursue them directly, and if they fail to do so, you have 2 options to escalate. First, you can sue the student personally for damages and costs to your policy, including the deductible for the personal injury and injury to property that you experienced. Second, you can retain counsel and have the attorney file against their insurance company for your personal injuries, pain and suffering, an for personal property damage reimbursement. Perhaps that is why your insurer did not yet pursue this, they do not see you with an attorney and therefore are hoping to simply not make a decision regards ***** *****
Hope that helps clarify.
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Customer reply replied 5 years ago
would you recommend we enlist an attorney? is it worth it for $500?
Lawyer: Isaac, Esq., Attorney replied 5 years ago
Honestly that is a tough call, an attorney's fees may be more expensive than that. If you are expecting more costs, or if your spouse suffered personal injury and is getting treatment, then getting an attorney makes sense. Otherwise pursuing small claims is prudent if your insurance company refuses to reimburse.
Sincerely,
Dimitry, Esq.
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