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If I was responsible for 50% of the accident, after subrogation, in Georgia. Should I get paid in full for damages from my insu

Atlanta, GA |

If I was responsible for 50% of the accident, after subrogation, in Georgia. Should I get paid in full for damages from my insurance company? My main question is, should I also get my deductible refunded?

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Attorney answers 3


I am not sure folks in this space will be able to fully understand your question without more info. It's hard to tell if you are concerned about a bodily injury or property claim, the comparative negligence issue or the deductible. If you have an attorney it would be best to consult with him/her. You may simply be able to contact your insurer. If you find yourself not satisfied with the result of your claim(s), don't expect to be taken seriously without an attorney representing you.

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Do you only have a property damage claim from the accident?


If you are concerned about a property damage claim, my answer is this. If you carried collision coverage at the time of the vehicle, your insurance company would pay for the damage to your vehicle less your deductible. If you were found to be 50% at fault for the collision, your insurance company would most likely subrogate from the other party's insurance company to recover any money they have paid out. You would be owed 50% of your deductible from the other party (and vice versa). Your insurance company does not have to seek your deductible on your behalf, but they often will and reimburse you the amount they recover for you. If your insurance company does not include your deductible in their subrogation demand, and you are not represented by an attorney for your property damage claim, you can contact the other party's insurance carrier and request they reimburse you for 50% of your deductible.
The other party's insurance carrier will likely do the same against your insurance property damage coverage.
I hope this answers your question.

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