accident question???

[jesse_k]

I was in a accident a few weeks ago, some jackass ran a stop sign and then I could not stop in time to avoid him and I hit him, not very hard but it was enough for the insurance company to total my bike. The question I have is, they just sent me the settlement but they charged me the deductible and I kind of feel like I should not have a deductible if it was his fault and the bike is totalled? Is this right? Thanks for any help!

Jesse

[bara954]

hey jesse, sorry to hear. did you get hurt? ive been in a few accidents. did the police come? who was at fault? that really matters. the last accident i was in i hit an animal. they charged me the deductable but did not surcharge me. perphaps it will be the same for you. i think any claim that your insurance company pays, you have to pay the deductable. however if he was 100% responsible, his company should be paying and he would get charged a deductable by his company, and your company would pay nothing therefore you would pay no deductable. did that run on sentence make sense?

[Kham]

i believe this is how it work. they were not 100% certain who's fault so they sent less deductable first. they will send the deductible once they determine it's not your fault.

[jesse_k]

I made sure of this because he got out of the car and started trying to say it was because I was going to fast....and the the fact he ran the stop sign was irrelevant.....I did not get hurt....and it must be me getting older that he did not get hurt either when he started talking that trash.

[highsider]

Originally posted by jesse_k
I made sure of this because he got out of the car and started trying to say it was because I was going to fast....and the the fact he ran the stop sign was irrelevant.....I did not get hurt....and it must be me getting older that he did not get hurt either when he started talking that trash.

Is MA a "no-fault" state? If it is, and the check came from your insurance company, I believe they can charge you the deductible.

That shizzle wouldn't fly in red-neck VT.

[Manny]

If the insurance company determines the other party to be at fault they should recoup ALL of the damages from the other party (their insurance company) and it should all be refunded to you.

[Uncle Snake]

Originally posted by highsider
Is MA a "no-fault" state? If it is, and the check came from your insurance company, I believe they can charge you the deductible.

That shizzle wouldn't fly in red-neck VT.

I'm pretty sure in Vt. if you're sure it's the other guys fault it's legal to kick his ass right on the spot........ Chris, you gonna be back on the street this year?? Regards, Jake

[Kham]

Originally posted by Manny
If the insurance company determines the other party to be at fault they should recoup ALL of the damages from the other party (their insurance company) and it should all be refunded to you.

recoup is the word i guess but if the story is 100% not at fault such as if you're park and got rear ended, they will send in full i believe then they go and recoup. i thought i got full check one time. both parties can be at fault of course.

[highsider]

Originally posted by Uncle Snake
I'm pretty sure in Vt. if you're sure it's the other guys fault it's legal to kick his ass right on the spot........ Chris, you gonna be back on the street this year?? Regards, Jake

I forgot all about that new law, they must have just passed it -

Act. 101 VT Legislature - "If some asswipe cuts you off and cause damage to you and/or your bike, you are legally warranted and heretofore granted permission to dispense one (1) good, old fashioned, redneck, hillbilly style ass-whupping to said asswipe."

Dunno. Depends on if I find the right bike. Looking for something out of the ordinary.

[highsider]

Originally posted by Kham
recoup is the word i guess but if the story is 100% not at fault such as if you're park and got rear ended, they will send in full i believe then they go and recoup. i thought i got full check one time. both parties can be at fault of course.

In the state of NY, they can assign "comparable negligence" and decide to pay you for your "percentage" of the wreck. Which is, as nearly as I can tell, a total denial of due process, but they do it anyway.

I don't know how that compares to MA.

[Cue Ball]

In Masshole, if you select the deductible waiver at the time you apply for insurance, and you are less thah 50% at fault, you get paid in full. Your deductible may just be pending further investigation. Call your claim rep and ask them why ur deductible was held. The other party is considered greater than 50% at fault for running the stop sign, so it should have been waived. If you did not select deductible waiver when you got your policy, or if your policy is written out of a different state, contact his insurance company and they should cut you a check. Most shops will do this for you. I work for an insurance company, so I know wtf I am talking about.

[flipper704]

Yes having done accident claims before I can said that companies do hold deductibles until there investigation is complete. What takes the most time usually is the police report to come in. Call your claim rep and if they are waiting for that it might be easier for you to go get it and fax it to the company. As someone else said, if you did not purchase the waiver of deductible you have to wait for the company to be reimbursed from the other guys insurance for them to reimburse you. Glad to hear you are ok.