Girlfriend involved in minor accident. What happens now?

Question

Last week my girlfriend's van was hit from behind when she was stopped at a red light. The other driver was a "kid" (17?) who was talking on her cell phone at the time.

It was a pretty good jolt. My girlfriend's van rear bumper was damaged to the tune of about $1,200.00.

Both parties exchanged driver's license information, insurance information etc. Both happend to have the same insurance agent. (Mercury)

We find out today there is a problem with their insurance. Not sure what it is yet but it's "under investigation." (Maybe the kid wasn't listed on the parents policy or maybe the policy elapsed, etc.)

My girlfriend has a $500 deductible.

First question... even though she wasn't at fault is she still responsible for this deductible? If so, can we and should we sue the other party for it? Is this something that is often done?

2nd question... if it turns out the other party doesn't have a valid insurance policy, what happens then?

Answer 1

Regardless of who's fault the accident is she is responsible for the deductible. If the second party doesn't have insurance coverage, and she doesn't have uninsured coverage in addition to her current coverage, she will end up paying more than just the deductible.

Answer 2

In answer to question 1, if you file this underneath of the other person's insurance, your girlfriend will not have to pay for anything.  If you have to file through your insurance and the $500 remains for her to pay, as long as you keep your receipts and estimate and everything from the accident the other party can be taken to small claims court.

For number 2, the problem they may be having is the girl only has liability insurance, so they will not cover the cost of the repairs.  Or she may have not renewed her policy, and is deemed as having no insurance.  If this is the case, talk to your agent and explain that the person who hit you has no insurance.  They can either lower your deductible to 250, or waive it, or refer you to the uninsured motorist companies in your state that can pay for the repairs.

Best of luck!

Answer 3

1.)  Whether or not the deductible applies depends on how your policy is written.  Some states and policies will waive the deductible if the person is not more than 50% at fault, and the at fault driver can be identified(i.e MA).   You need to review the policy or ask your agent.

If she uses her own coverage, the insurance company will subrogate and recover what was paid to you and the deductible.   You cannot sue for the deductible.  Your right to recovery will be transferred over to your insurance carrier.  

2.) If the other party is in fact uninsured, the insurance company will subrogate directly against her and the owner of the vehicle.  They are still legally obligated to reimburse the insurance company for the damages they paid out.  This could delay the recovery of your deductible, if the other party has to arrange a payment plan.

Answer 4

Regardless of fault, if you use your own auto policy for repairs you are responsible to pay your deductible.

You can sue the other driver if you want, but that would take longer and cost more than $500. You are better off just waiting out the investigation.

If it turns out that coverage is "ok" on the other person's policy, your deductible will be refunded to you.

If there is no coverage on the other policy, your adjuster will attempt to collect the money back from the other person directly. If they collect it back, again it will be returned to you. If not, then $500 comes out of your pocket.