If someone hit your brickwall fence with their car would you file a claim against their auto ins,how does wk?

Question

My neighbors 87yr.old mother backed into my brick wall fence, I live across from them. But she doesn't want to pay for the estimate we gave her. Doesn't her mother pay the deductible to her own ins. and her ins. pays us to pay the contracter for the job? And it's up to us to choose who we want to do the work, right? Not my neighbor?

Answer 1

The only liability policies with deductibles are commercial lines.  Automobile policies pay from the first dollar once the amount of the damage is determined.  

Why won't your neighbor pay for the loss?  Does she feel your estimate is too high?  Is it?  In other words, are you seeking to profit from the accident?  Or does it just seem high because costs have gone up so much?  Perhaps two or three estimates from reputable contractors would put her mind at ease.

Answer 2

Whoever ownes the vehicle that hit your wall has the responsability to either pay for the damage out of pocket or turn a claim in to their insurance carrier. You say that you have the name of the neighbors Insurance Company. Do you also have the Policy Number & the name of the Agent?  If you have the Agents name, contact the Agent. You can also call your homeowners insurance & see if they can help in resolving the issue. You Do Not have to use a contractor that your neighbor wants you to use. That choice is yours alone.  There is No deductable on your neighbors Property Damage Policy. If you haven't done it allready, take pictuers of the damage to your fence.

Answer 3

She doesn't have to want to pay you, merely to pay for the damage she did.  If she chooses to involve her insurance, yes, they would give her back what she paid out for the repairs, minus her deductible amount.  You can contact her insurance directly if you like, but they wouldn't give you the deductible part of it, so you'd have to get it directly from the neighbor anyway.

I'd just tell her unless she pays for your damage, you would have no choice but to reluctantly take her court for the damages and court costs.  Then if she doesn't, do just that.

Answer 4

Submit it to her insurance.  Just like in vehicle repairs, it is your choice of who does the repairs to your property.....vehicle or home.  They did the damage, they need to step up to the plate.

One of the reasons she's complaining is that her insurance premium is going to either hit the roof or they may choose not to insure her any longer unless she excludes the mother from her policy.