My brand new car was rearended last week. My bumper is all jacked up, and needs replacement?

Question

The other person's insurance is supposed to pay to fix it 100% (as it was the other person's fault) Her insurance doesn't want to pay a $500 deductable that my insurance is trying to charge either them or me. Why should I have to pay a deductible, if the accident was no fault of mine? What is going on here?

Answer 1

OK, WHOSE insurance company is paying this?  If it's her company, there IS no deductible.  If it's YOURS, you pay the deductible.  

So you can't put a claim in to BOTH companies.

Answer 2

Everything is legit on this. The other insurance company is under no legal obligation to pay you your deductible up front. Although many companies do, just for the goodwill. I have done it hundreds of times.

If you use your own collision coverage then you owe a deductible no matter who is at-fault. It is a part of the insurance contract. However, your company will then get it back from the other company through a process called subrogation. It can take anywhere from a couple of weeks to a few months.  

If you want to avoid paying the deductible then you have to collect directly from the other company.

Good Luck

Answer 3

File a claim through your insurer.  You will probably have to pay the deductible up front, but if was the other party's fault, your insurance co. should recover the deductible amount from his insurer and refund it to you.