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Originally Posted by Tcoat
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Get a lawyer (big bucks)
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Not necessarily. With accidents, attorneys often work on contingency and don't get paid unless you get paid. They tend to get higher awards, so it comes out equal in the wash. Last couple of times I consulted attorneys, they just gave me some advice and didn't charge me anything at all.
Quote:
Originally Posted by Tcoat
Maybe I am confused. You are saying that your insurance company would charge you deductible and pay to repair your car?
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Usually in the US, if you file a claim under your own comprehensive insurance policy and the insurance company agrees to fix it (rather than total it), you pay your deductible, and the insurance company pays to fix your car. Then your insurer turn the case over to its subrogation department to pursue reimbursement from the other insurance company. Most insurance companies will also attempt to recover your deductible on your behalf, but they may or may not fight that hard for it.
When a stupid piece of shit ran a red light and hit my Jeep, I filed with my own insurance company (Geico). The way they handled it was to pay the body shop directly, minus my $500 deductible. Then I paid the body shop my $500 to get my Jeep back. However, the other insurance company (Liberty Mutual) accepted liability with Geico's subrogation department and paid Geico my deductible, which Geico then "reimbursed" to me before I even had to pay it to the body shop. So I was out nothing for the repairs themselves. Then Liberty Mutual "lost" the claim, then said that Geico never filed a claim with them. Geico ended up suing them for it to get back what they paid out.
morswestford, if you go through your own insurance, yes, you'll have to pay your deductible, but your insurance company may be able to get it back for you like mine did. If the other company refuses to pay it, this is an open and shut small claims case as long as you have all your documentation in order. You just sue them for it and get it back.
By the way, you should have gone to a doctor for your neck pain. It makes most people feel dirty to do that when it really doesn't hurt that bad, but the awards in personal injury cases can be so high that having a personal injury claim in addition to the property claim get the insurer's attention and makes them MUCH, MUCH easier to deal with. I had one accident where I had back pain afterward, and the difference in the attitude from the adjusters was night and day.