How do I get reimbursed (from insurance agency) for my deductible from my auto claim, as it's documented as not being my fault?
1 attorney answer
While the at fault driver (or his/her auto insurer) should ultimately be responsible for the damage, you chose (wisely I suggest) to have your auto insurer handle it under your collision coverage, which carries a deductible. The auto body shop doing the repair work and was entitled to be paid without delay and should not have to get in the middle of things or have to wait or bear risk. Thus it demanded you pay the deductible upfront.
You're going to have to wait until your insurer finishes with the matter -- which in nearly all instances works out far better and will take less time than suing the at fault driver yourself, waiting for trial, running the risk of loss at trial and if you win, finding out that it's hard to collect a judgment perhaps because the other driver lacks assets -- even if you could.