Is it legal for the insurance company to charge two deductibles if my car is totalled?

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Is it legal for the insurance company to charge two deductibles if my car is totalled?

First incident when a deer ran out in front of me, several days later a driver ran a stop sign and broadsided me causing the car to be totaled. Work was never performed on the first incident.

Asked on June 4, 2009 under Accident Law, Michigan

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Usually an incident like this if it had not been processed through insurance would end with one deductible being that the second incident made any possible repair from incident one a moot point. What you need to do is review your policy first. Than call and speak with the insurance company ask for the specifics as to how they can charge two deductibles and if they can point to the language in the agreement that say this is acceptable

Than if they insist you may want to contact a local attorney who specializes in this type of law. They may be able to make a quick phone call to straighten everything out. Depending on the deductible size this may be worth it to you. But you should make sure not to pay anything without more concrete answers as to this being legitimate, which unfortunately i cannot provide without the paperwork in front of me but a local attorney can definitely assist you


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