If you were injured, retain an attorney in WA.
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Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland Park Boulevard Sunrise, FL 33351 Phone: (954) 572-7200 Fax: (954) 748-6488 www.floridainjurylawyers.com Legal Disclaimer: If this information has been helpful, please indicate below. Sam Coffey is licensed to practice law in Florida. This response is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Coffey strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
It sounds like the insurance companies are going to arbitration over the property damages. This process will be done with paper filings alone, and will largely take place "over your head" without your direct participation. This arbitration process is simply the insurance companies fighting over their payment obligations to each other. Again, you will probably not be directly involved in that process. There are several things you can do to protect your interests in the arbitration process.
First: send a letter or an email (something in writing) to your adjustor, letting him or her know that you are making a claim for your deductible and want your deductible refunded if your company prevails in the arbitration.
Second: make sure that your insurance company has all the information which you have, such as photographs of the accident scene, measurements, photographs of the vehicles involved, property damage estimates and the like.
If the insurance company prevails in the arbitration, you should get most or all of your deductible back without having to take further action yourself. This is the property damage part of the accident.
If you have any bodily injuries, which you may not even be aware at this time, you may need to file a case to recover from the other driver. It is too soon and you did not supply sufficient facts to decide whether you have bodily injuries, whether to file a case, in what court to file and the like. If you have any doubts about your bodily injuries, you should get yourself checked out by a medical professional just in case. If the accident occurred in Washington State, you have three (3) years from the date of the accident in which to file an action for your bodily injuries. There are many reasons not to rush into filing a bodily injury claim, which are beyond the scope of your question. If you believe that you have suffered a bodily injury after consulting with a medical professional, you should retain an attorney to assist you.
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