Expert: Anne - 3/17/2010

Question
Anne,

sorry the question seemed long yesterday but I was just giving you background information.  My question is if a person that doesn't have insurance is at fault, what are the chances I will get my deductible back for my car?  And if I have under-insured motorists on my coverage, shouldn't that automatically mean I will get my deductible back or doesn't it work that way?

Answer
Hello Zach,

Nothing to be sorry about. If you ask a question to one expert, you need to stick to that. I cannot "dispute" or disagree with the other expert (I would not like if that is done to me).

If you have uninsured motorist coverage, you will be subject that deductible. If the insurance company recovers, they would have to give you your deductible back.

In other words, you have a deductible for collision and a different deductible for uninsured motorist. The uninsured motorist deductible is usually lower, but you are still subject to it.

Regarding if the deductible is very recovered, states vary regarding this issue. Some states will make the insurance company give you the deductible back as soon as they get it (let's say they get $500, you would get them first if that is your deductible, and anything in excess would be given to the insurance company for the loss they paid).

Some states will split the monies recovered in a pro rata fashion where you get a percentage of the deductible and they get a percentage of the loss. Other states allow the insurance company to pay your deductible last, after all monies owed to them are paid.

The chances of recovering a deductible are pretty low because the person is uninsured and probably do not have any assets.


I hope this helps
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