Check your policy - if you have coverage for uninsured motorists you usually will not need to pay a deductible. On your declaration page it may be abbreviated as UM. Some insurance companies still require you to pay part, but not all, of the deductible if your have it. I practice in Indiana and your state may handle this differently, but in Indiana you are not required to have uninsured motorist coverage to drive legally. If you were injured and have uninsured motorist coverage you should contact a personal injury attorney in your state. Many are listed on this web site under Find a Lawyer and most initial consultations are free.
Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
I agree that if you were not at fault you should not have to pay the deductible. Insurance companies will do anything to wiggle out of payment. Push your company, call them every day, and ask for the supervisor or claims manager. If the other company does not do the right thing, file a small claim against the other driver. More on insurance: BLUE LINK BELOW
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Harass the insurance carrier until they do the right thing and waive the deductible. Another option is taking the adverse to small claims court.
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