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Need advice regarding a minor accident with less than $800.00 damage.

Paterson, NJ |

my wife was involved in a minor accident-not her fault. the other driver was driving thier son's car with an expired registration and had backed into my wife's car. she admitted fault and a police report was filed.. after being informed of an estimate i received, now they want to settle this through the insurance. problem is that i have a 750.00 deductabile . i was also wanted to use this car- a 2007 camary for a trade-in on a new car in the near future. i didnot want to involve the insurance companies. i am perplexed, and donot know what to do! it seems that i might have to pay for this out of my own pocket, and this person walks away with no finacial responsibility for the accident. can you help with any advice?

Attorney Answers 5

Posted

Small claims court.

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Posted

You can not stop them from their wanting to have their insurance company handle your damage as a liabiity claim. If that carrier is lowballing you or stalling a resolution, then don't delay and take them to small claims court a.s.a.p. Be sure to have either a "paid receipt" showing the cost of the repairs you had done, or at least 2 estimates for the cost of repairs needed to be done. Even if you decide to get the car repaired under the collision portion of your own policy, and your carrier will apply your deductible to reduce the amount that they pay to have your car repaired, your carrier is obligated to get, and reimburse you, the deductible from any subrogation cliam they make against the other driver/owne; but at least you don 't have to delay in getting the car repaired.

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Posted

Your posting is very confusing. It appears the other party has insurance coverage if I understand you correctly. Why would this involve a $750 deductible? There is no deductible on the adverse driver's liability coverage. Have the other party's insurance carrier pay for the repairs to your vehicle and then you can use your vehicle as a trade-in down the road.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Posted

If your wife was not involved, and the other party has insurance, and the other party admits fault, their insurance should cover the damage. Your insurance, and deductible, should not be utilized if it was not your wife's fault. With that being said, you should report this to your insurance company to be safe. Worst case, take them to small claims court. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

Almost all insurance policies require you to report all accidents (however minor) to your carrier. If you have a police report indicating your wife was not at fault, there should be no issue in attempting to have the other car's insurance company pay for the property damage. Speak to your insurance company and they will explain your rights an responsibilities. If there is a dispute as to liability, then you may want to seek an attorney.

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