4 months ago, our new-ish car was rear-ended by a driver.
They gave us their insurance info but fled the scene when the cops were on the way, and provided false information when contacted by the police. They currently have a case regarding this.
Long story short:
The driver was the wife of a manager at a car dealership, driving a company car she shouldn't have been driving.
Their insurance claims responsibility but says they aren't sure if she's covered. This was 4 months ago. Since then, they have refused to call us back.
We can't do Maryland's Uninsured Driver clause until the other insurance gives us word. But they won't call us back. We've tried a dozen times over 4 months.
Our insurance, GEICO, wants us to pay a $2000 deductible.
GEICO says there is a 50/50 chance we get our $2k deductible back.
I'm frustrated at the injustice of this whole situation. We didn't do anything wrong and have paid our insurance on time for decades now. It doesn't seem fair the offending party gets to weasel out from under this.
What do we do? Do we just pay the deductible and hope for the best? Is that the only thing we can do?
Thank you!
New car rear-ended, driver likely uninsured. Insurance is a nightmare.
byu/epicstacks inInsurance
Posted by epicstacks
7 Comments
You chose the $2k deductible. That was what you said you were willing to pay in this exact kind of situation lol.
If insurance is unable to get your deductible back from the other party you can then take them to small claims court.
You have 3 options. You can continue to try to work with the other insurance provider. You can file a claim with your provider. Your provider has correctly advised you that you must pay your deductible, and that subrogation isn’t guaranteed. Or you can forego insurance and sue the other driver directly.
Lol so in terms of insurance you just gotta pay your $2000 deductible.
But if this person has assets under their name like a damn car dealership, legally you shouldn’t have much trouble pursuing them for $2k. The insurance company shouldn’t either but if they fail to recover, they’ll waive their subro rights and you can pursue them, such as in small claims court.
Why drive away with a $2k deductible? That’s high.
sounds like time for a lawyer to write a letter to the dealership, which will be the deepest pockets, saying you’ll have to sue to be made whole again.
My guess is the at fault insurance company has a coverage issue. The spouse of a manager may not be considered an insured person under the policy.
Dealership policies may also exclude certain activities (non business use) or only cover certain activities (test drives).
The delay could be due to the insurance company legal department reviewing the coverage issue for a disclaimer.
Use your own coverage and hope they are successful in subrogation.
Okay I’m trying to figure where the injustice is??
You agreed to pay $2k deductible for a covered claim when you opened the policy. If a new car has been rear ended it will likely exceed $2k is expenses and may be worth pursuing a claim.
If you don’t want to deal with insurance delays, uncertainties, increased premiums you can self-insure.
You’ve paid your premium on time every year but you didn’t bother researching the service you were paying for.
4 months????? Really????? Open a claim with your own carrier, pay your deductible and move on with your life.