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Question: Auto Accidents - Minnesota

Asked on 11/5/2009
My stepfather was hit from behind by another car police report shows only 2 cars involved- his and buck who hit him but buck claimed phantom law
Police report showed that another car was not involved and both cars are insured by the same insurance co but insurance co is making my step-dad pay his deductible 500 for getting rear-ended and it was not his fault to pay for the repairs and they would cover the rest. Should he hire a Lawyer? He does not have a lot of money so thought I would turn to the internet to help out. It has also been 6 wks and they just told him all this today that he would have to pay and the other guy was protected under phantom law but police report states there was not a 3rd vehicle. Please let me know

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


Your stepfather should let the insurance company know that if they don't give him the $500, he will sue the other driver for that in small claims court.  He should be very careful not to sign anything from the insurance company that gives up his right to do that.

That should get the money moving.  If your stepfather actually files that lawsuit, the insurance company will have to defend it, and they'll have to pay a lawyer to do that -- and then, when the lawsuit is over, they'll have to pay the $500 anyway.



  • Answered on 11/6/2009
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