Got rear-ended. Can I get my deductible back?

April 14, 2017 11:23 PM

Several months ago, I was in a three-car accident. Driver A hit Driver B, and then Driver B rear ended me as a result. No one was hurt, but my car was dinged up a bit. My claim was resolved and though my insurance company paid for the repairs minus my deductible, they were unable to get my deductible back from the other drivers' insurance companies via subrogation. Is there anything further I can do?

A few more details - at the time of the accident, I was 8 months pregnant and my focus was nearly 100% on making sure the baby was ok. I spent the evening at the hospital at my doctor's direction (I felt fine, but wanted to be safe) and my insurance paid for my medical bill. Both other drivers were very kind and apologetic and I think, very freaked out from hitting a pregnant lady. We did not end up calling the cops. I got the insurance, license, and registration info from both of them, but I didn't get their phone numbers or emails.

So at the scene, Driver A basically said he would take the blame since he caused the accident. He was driving a car registered to his girlfriend and her name was the name on the insurance. I guess what happened when my insurance company tried to get my deductible was that Driver A's insurance blamed the accident on Driver B, and vice versa, so now no one will pay my deductible back. I have not contacted either of their insurance companies, and my insurance company says they can't do anything else. Is there anything I can do to get my deductible back? I can live without it, but with the expenses of a new baby, it sure would be nice to have that money back.

posted by emily37 to Travel & Transportation (2 answers total)

I was driver B in this accident last year! Here's what my insurance agent said. I did keep calling, and I did eventually get my deductible back. Hope this helps!

Unfortunately when a claim goes to subrogation, especially when there are more than two vehicles involved, it can take anywhere from three months to two years for settlement, sometimes longer depending on the situation. Even when we believe the circumstances of the accident seem very clear cut, it can still take a while for companies to close the file.

My suggestion would be to continue to contact the adjuster assigned to the subrogation file on a regular basis. Ask them what is their estimation for the resolution for the claim. If you have a number, call them. If the adjuster assigned to the file is unavailable, ask to speak to a covering team member. Any one of the adjusters can give you an update based on the notes in the system. If you can’t receive calls at work, tell the adjuster to call you on a particular day and time. Ask whoever you speak to, to confirm receipt of any documents you have sent.

The best advice I can give you is to keep trying. Keep checking. Subrogation has its own timeframe, and although companies are required to do things in a timely manner, there can be many phases that cause delays in the process.
posted by zibra at 5:19 AM on April 15, 2017 [1 favorite]

Something similar just happened to me, except it was just the one car who rear ended me. He was driving his brother's car and the insurance would not pay for it (reasons are unclear; either the brother was specifically excluded from the policy or the car wasn't actually covered on the the day of the accident). My insurance then switched gears and went after the individual for the deductible money. After awhile, I got a letter that said the insurance was turning it over to collections. This is all to say, I am giving up hope of ever seeing my $500. The system can fail if someone doesn't have money.
posted by LKWorking at 8:36 AM on April 17, 2017