Expert: Anne - 9/8/2010

Question
Hi. My minivan got rear ended by a car which was hit from the back by a pickup truck while waiting for a signal light. The insurance company said it was not my fault and gave me two options to claim. first, file a claim directly but the amount I will get is less the deductible. Second option is to file with insurance of person who admitted fault.  If I choose the first option, I dont understand why I the amount will be less the deductible amount if it is not my fault. If I choose the other insurance company, will they give me a hard time? Thanks in advance.

Answer
Hello James,

If you make a claim with your own insurance company, you will be seeking coverage under "collision coverage". This coverage requires a deductible regardless of fault. Please see: http://www.auto-insurance-claim-advice.com/Collision-Coverage.html

The at fault insurance company will pay you the deductible once they accept liability.

Will the other insurance give you a hard time, it can... They have to first accept liability (which by the way, has nothing to do with the person driving accepting fault). Please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

However, rear end accidents are somewhat easier to handle and the insurance company should move pretty quickly on this.

I hope this helps,

Good Luck
Anne
http://www.quirogalawoffice.com/