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Posted: 3/4/2023 11:33:46 AM EDT
I was in a car accident that was determined by my insurance company not to be my fault. The police report is wrong and the photos I have would prove that the other driver didnt tell the truth. The car was totaled and I got a fair value minus my 1k deductible. My insurance agent said it would go through subrogation and I got a letter saying that they have been unable to get the other insurance agency to to pay my deductible. The letter basically said they would give me the paperwork to pursue on my own. The question is if it is worth it for 1k. I figure I would need to go to the police station, get the police report corrected, gather all my photos, find a lawyer, this would drag on for a couple months, and I still might not get my deductible back.
Link Posted: 3/4/2023 11:38:10 AM EDT
[#1]
Originally Posted By MALT0SE:
I was in a car accident that was determined by my insurance company not to be my fault. The police report is wrong and the photos I have would prove that the other driver didnt tell the truth. The car was totaled and I got a fair value minus my 1k deductible. My insurance agent said it would go through subrogation and I got a letter saying that they have been unable to get the other insurance agency to to pay my deductible. The letter basically said they would give me the paperwork to pursue on my own. The question is if it is worth it for 1k. I figure I would need to go to the police station, get the police report corrected, gather all my photos, find a lawyer, this would drag on for a couple months, and I still might not get my deductible back.
View Quote


Yes.. do it. You should be able to sue for the deductible plus your costs to recover. Its not that hard, and letting the other side get away with it would drive me nuts.
Link Posted: 3/4/2023 12:04:00 PM EDT
[Last Edit: Homesteader375] [#2]
I would probably talk to an attorney. I'm not sure you can recover legal expenses if you have to sue and getting the police to unscrew a report might not be as simple as it seems. An attorney can give you the lay of the land. Every penny you spend and can't recoup will quickly turn that 1k into lunch money.
Link Posted: 3/4/2023 12:09:04 PM EDT
[#3]
Small claims court?
Link Posted: 3/4/2023 8:23:16 PM EDT
[Last Edit: Bubbles] [#4]
Just so I have this straight: your insurance company has paid for everything less your deductible.  Your insurance company has collected their share of the claim from the at-fault driver's insurance, but has not collected your deductible and the at-fault driver's insurance company isn't paying it.

If the above is correct, sue the at-fault driver in small claims court after you have all the documentation.  Small claims isn't that difficult to navigate.
Link Posted: 3/4/2023 9:04:01 PM EDT
[#5]
File a diminished value claim.
Link Posted: 3/6/2023 11:35:27 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By telemarker:
File a diminished value claim.
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On a totaled car?
Link Posted: 3/8/2023 11:43:18 AM EDT
[#7]
My truck got hit while parked 9/12/21 by an asshole Brazilian w/o a valid  FL license. I wanted and got my pound of flesh. He got a criminal traffic citation, his insurance got cancelled and he had no collision insurance and his Mustang GT was a total loss.

Bastard was drifting in a full parking lot. Took me a year to get my collision deductible.

Sue their ass OP. Get your vengeance.
Link Posted: 3/13/2023 6:23:02 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bubbles:
Just so I have this straight: your insurance company has paid for everything less your deductible.  Your insurance company has collected their share of the claim from the at-fault driver's insurance, but has not collected your deductible and the at-fault driver's insurance company isn't paying it.

If the above is correct, sue the at-fault driver in small claims court after you have all the documentation.  Small claims isn't that difficult to navigate.
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This is the way. OP would spend more than the 1k on a decent lawyer.
Link Posted: 3/13/2023 6:52:16 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bubbles:
Just so I have this straight: your insurance company has paid for everything less your deductible.  Your insurance company has collected their share of the claim from the at-fault driver's insurance, but has not collected your deductible and the at-fault driver's insurance company isn't paying it.

If the above is correct, sue the at-fault driver in small claims court after you have all the documentation.  Small claims isn't that difficult to navigate.
View Quote


It is also not cheap.
By the time he gets to a writ of execution, which is as far as he can go, and that is even if he even gets a judgement, between court, and paper service, he will have spent almost if not all what he's seeking.

Not worth it.

Jay
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