Can I ask from the at fault insured’s insurance company payment of my auto ins deductible? My auto was totaled, I was not at fault.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 13, 2013

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Insurance Question from Oak Lawn, IL

Asked on 03/13/2013

Can I ask from the at fault insured’s insurance company payment of my auto ins deductible? My auto was totaled, I was not at fault. NULL

Answer given on March 18, 2013

If your car was damaged by another party the insurance company for the other party should pay for the repairs of your car, or the actual cash value of the car if it was considered a total loss.If you went through your insurance company for the repairs or settlement of the car, then your insurance company will pay you for the actual cash value of your car, less your deductible. When the claim is settled with your, your insurance company will go to the other insurance company to get reimbursement for the amount of the damage to your car. If they are successful, you will get your deductible refunded by your insurance company.If the other company refuses payment, or only offers a partial payment reimbursement to your insurance company, you will get a reduced refund of your deductible. Your adjuster should have explained this to you while settling your claim.You should be able to contact the subrogation department from your insurance company to see about the status of your claim. This portion of a claim can take time, so you may have to be patient in obtaining your deductible refund.


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