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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: Dec 5, 2012

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Insurance Question from Newark, NJ

Asked on 12/05/2012

Deductible I live in NJ. my car was was hit from behind. Claim was filed, and I was given a rental, and car went to the shop. The rental was broken into yesterday. They broke the lock of the door. Enterprise is charging me 500 deducitbile. Should I be responsible for paying that? It was not my fault. Also the body shop is saying I need to pay them 500 deductible. I was hit from behind, shouldn't the other person's ins pay? I am getting charged 1000 for two things that were not my fault :(

Answer given on December 11, 2012

If you were rearended, then the other insurance company should be handling the claim for the damages to your car. Presumedly, you have been working with the other insurance company and not your own. If you have gone through your own insurance company, then the deductible will be paid by you until your insurance company subrogates against the other insurance company. If they get the full amount back from the other company, you will be reimbursed for your deductible.If you have gone through the other company, call the adjuster and have him call the repair shop about the $500. This should be an easy fix and simply a paperwork issue.If you had the rental car in your possession when the car was broken into, you may be responsible for the damage to the car. Again, if the other insurance company is paying for the rental car, talk to the adjuster about the damage to the car. This would be considered a comprehensive loss, not collision, so the deductible, if you are responsible, may be lower. You also need to review the rental agreement for the car to see if you signed an acceptance of the deductible.

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