Pre-payment of Medical deductible. How does this work?

How does insurance deductible work?

  • I was in a recent car accident. The car was deemed totaled by the insurance company. The police say it wasn't my fault the accident happened, and the other driver was charged with hit and run, but they can't find him. I was told I would get $28 000 minus my $2000 deductible. However, this accident wasn't my fault....will I still only get $26 000 or how does the deductible work?

  • Answer:

    OK, your adjuster told you that you'd get 28K? less your deductible. When you put a claim in under your policy - regardless of fault - the deductible applies. If they ever track down the hit & run guy and get the money out of HIS insurance, if he has it - they'll reimburse you the $2K.

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whenever you go through your own carrier you owe your deductible.. regardless of fault.

la428282

The legal term for your problem is "subrogation" The offending driver is responsible for your damages. You may file a claim with his insurance company and avoid any deductible. Since he doesn't have insurance, that is not an option for you. Your insurance company has an "insurable interest" in your claim, since you have collision coverage on your vehicle. You are responsible for the deductible. After the insurance company pays your damages, they will attempt to "subrogate", which is a fancy term for simply getting the money from the responsible party. Your insurance company will sue the guy that hit you and recover their damages, as well as your damages. When the offending driver goes to court, the judge will order two things. He will order reparations, requiring him to repay the damages. He will also order the man to have an SR-22, to demonstrate financial responsibility. As the driver was caught driving without insurance, and caused and accident, there are very few insurers who will take the risk. If he does find somebody to take him, it will be VERY expensive for him to drive. If he can't get insurance, he can't drive. If he can't drive, he can't get a job. If he can't get a job, he can't pay you back your deductible. It's a vicious cycle. Instead of waiting for the insurance company to subrogate, you can try to take the man to small claims court to recover your deductible. This sometimes works. But, understand that if your insurance company can't recover with all their lawyers, its not likely that you will recover by your self. Probably, you are screwed. About 50% of the time, I see money recovered from this kind of case. But this amount is quite large. Remember, he not only wrecked your car, but he also wrecked his own car. Whose car do you suppose he will replace first? Sorry for the bad news, but maybe the explanation makes you feel a little better.

Jeff C

Yes 26k is all you'll get because your insurance still has to have the deductible...stupid i know.

Jake

Deductible works all the time, fault is not a factor. Unless they can find the person who ran, and collect from their insurance, you will have to pay any deductible you asked for when you bought your policy. No, uninsured motorist will not cover it, the person may have insurance, but again, no one can find him.

oklatom

Sorry, but the deductible will kick in no matter who is at fault. You should only get twenty-six thousand, since the first two thousand (the deductible) is YOUR responsibility. Good luck!

Kiffin # 1

The deductible is the amount (that you agreed to when you signed the policy) that is deducted from the settlement amount. If your claim was handled under your collision policy then the deductible always applies.

Cowboy Bill

yes, unless they find the other driver. the insurance company will look hard for them so they wont have to pay anything either

koma

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