Question:

How long does subragation with a auto claim take?

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I was informed by State farm that my case was in subragation and I would recieve my deductable back when the car that hit me from behind, paid their part. Does this take months? and does subragation include finding who is at fault for the wreck? Which is not me, put because the car in front of me says I hit it before I was hit from behind by a 18 wheeler, I live in a wonderful state that uses comparitive fault so I was just wondering about the processing time.

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  1. If they are in inter-company arbitration it will likely take 6-9 months. My guess is since it is State Farm they do. They will determine fault and what company should pay what %. State Farm can not speed up the process it is just how long it takes. After they file then the other company has months to respond before it is reviewed by independent adjustors and a decision is made. Once the decision is made the paperwork is sent out with the binding decision and the companies will issue a check to State Farm and they will in turn issue a check to you. It is a very slow process.

    One other thing - if the innocent car in the front is saying you hit her first than you are not likely to win. They will take her story since she has nothing to gain over yours. Sorry - hate to be a downer.


  2. I'm an adjuster in a comparative negligence state, so maybe I can help. If the person in front of you says you hit them before you got rearended by the 18 wheeler, chances are, you're insurance company will only be able to collect back on the damages to the rear of your vehicle....and, your insurance will also probably have to pay for the rear damage of the person in front of you. Like the previous person said, they'll take the word of the front person who has nothing to gain before your, or the trucker's, statement. If your vehicle wasn't totaled in the accident, if shouldn't take longer than a few(3 or 4) months to get it settled.

    Now....if your vehicle was totaled, it's a whole new ballgame. Your company and the 18 wheeler's company will have to come to an agreement on how much they're wiling to accept and pay respectively. This, on the other hand, could take quite a while. If they can't agree on an amount, it could be turned over for an arbitration hearing, which could take almost a year depending on which forum they use.

    And be prepared, if your company was only able to collect on the rear damages to your vehicle, you won't get your full deductible back. The amount you receive will be equal to the percentage of the total claim that your company was able to recover. For example, if the damages to the rear of your vehcile equalled 40% of the total amount of the damages to your vehicle, you will only receive 40% of your deductible back(assuming your company is able to collect the whole 40% back).

    Your best bet is to not worry about it and let your insurance company handle it. You may forget about it and be pleasantly surprised one day with a check in the mail.

  3. Due to the nature of your claim - it could take YEARS.

    One day when you least expect it, you'll get a check in the mail for the full amount of your deductible.

    On smaller claims that are "cut and dried" I have seen the deductible come back in a couple of weeks!

    Good luck and I hope this helps!

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