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Question
I was rear-end and a police report was made stating that. I have a deductible of $500 and neither insurance company is responsible for getting this reimbursed to me. Would I be able to win a small claims case if I sued her for my deductible considering she was at fault.
Well your insurer is supposed to get that $500.00 back for you from the other insurer or driver, although it may take then 6-12 months. Also, your policy probably says you give your insurer your rights to collect back (subrogate) from the responsible party or his insurer. If they refuse to pursue your deductible, get them to state so in writing so you can show that to the judge. And remember, even if you win in court, you have to collect the money, which can be more difficult than winning a judgment.
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Answers by Expert:
Ron Cercone
Expertise
How to handle automobile total loss claims. I am the president of UClaim.com, which sells 29 different eBooks I have written on how to maximize various types of auto, home and business claims and how to get coverage on denied claims. You may view their tables of contents online. Also available are very specialized eBooks such as on EUO (Examination Under Oath) for example. Also available is an assortment of policy forms used by the most popular insurers. The eBooks have a money back guarantee and currently include personal consultation with Ron Cercone.
Experience
I have been adjusting insurance claims since 1980. 1980 to 1995 adjusting for many insurers (6 years as an independent adjuster with my own company). Currently working as a public adjuster in California, since 1995. I'm one of the few public adjusters who has handled automobile damage and total loss claims.
Organizations
CAPIA (California Association of Public Adjusters).
Education/Credentials
BA 1975 in History and Industrial Arts. Full CV at UClaim.com .
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