Sue for auto insurance deductible?

Sue for auto insurance deductible?

Location, Tampa Fl. Approx 2 years ago my car broke down on the side of the interstate in a legally parked area. (I have police report) I left with a taxi for 10 minutes to get jumpers and came back to a completely totaled car. The driver was 18 and NOT under his parents insurance (whose car he was driving). Since then, my insurance has taken care of settling as far as paying off the totaled car (w/gap insurance) and also covered for my rental car at that time. However, I was just now notified by my insurance company 2 years later that they were unable to recover any money from the responsible party/at fault insurance company (which i guess they are fighting out at their level) and that i am entitled to pursue my $500 deductible. Where do i begin?? I have researched as much as possible and am unsure who, where, and what to do. My insurance company has absolutly no guidance they are able to give me on this matter except for all paperwork involved.Thanks in advance.

krgr649

First off, you should attempt to contact the individual who totaled your car. If you're only requesting $500, the driver might pay up. You should start with a strongly worded letter explaining that you are entitled to recover the $500 deductible from him since he was at fault.If he fails to respond and pay the $500, you will need to file a claim in Small Claims Court. The filing fee is modest, no more than $50. You will need to fill out a form entitled "Statement of Claim." Also, bring any relevant evidence to the courthouse with you. If you do not have a police report, obtain one from the police department.The "Statement of Claim" form is here: http://www.hillsclerk.com/PublicWeb/Work…A help file is available here: http://www.hillsclerk.com/PublicWeb/Work…(Both forms are PDF)Source(s):http://www.hillsclerk.com/publicweb/form…

Mars

is it worth the stress? what will you do with the $500?call the guy's parents or go talk to them, see if they're willing to cover their kid's accident. they may agree to pay, they might not, but you did what you can do.you can then go to small claims court to file a claim. make sure you have all the police reports, all the receipts, and the reports from your insurance company, and proof that you have spoken with the parents and did all you could to collect this bill from them.

Spicey

I took a guy to small claims court--it costs money to file and have the papers served, but I eventually DID get the deductible back. He was supposed to pay all the filing and service fees, also.

phantasticphotog

You sue the parents of the kid.

lucy

Talk to YOUR insurance company. They should have your best interests since they have a contract with you.If I understand this, the other company denied the claim and your insurance company has tried to get back THEIR money plus YOUR DEDUCTIBLE from the at fault party and/or the parents of the kid. Your company has a vested interest in recovering their money and resources (lawyers who sue) Since they got nothing, it could be that this person/parents are judgment proof, meaning they have nothing to go after.Your insurance company may have already sued them, so if you do, you are wasting your money, since if they have sued them, they are suing for THEIR MONEY AND YOUR DEDUCTIBLE.Granted everyone wants to sue and you are thinking about the principle involved, which I understand. But even if you win a suit, if they have nothing, you get a judgment and no money------Call your insurance company and ask them what they have done. IF they filed suit, verify that they have included your $500 deductible, which they should show.good luck

Miss

Call or write to the claims department of the responsible party's insurance company. They will probably refute it because that is what insurance companies do.Next thing to do is to sue them directly in small claims court, or sue their insured. If you sue their insured, your insured will need to pay and ask for reimbursment of the deductible.Here is how insurance works: what insurance companies don't/won't cover, the responsible party must. So, sue your responsible party if you cannot recover the money with a claim to the insurance company.Source(s):I sued somebody in 2000 and won - he in turn made the claim with his insurance company because they refused to pay me.

mbrcatz

WHY were they unable to recover any money?You would sue them in small claims court, for the $500. You can sue both the owner of the car, and the driver of the car.It could be that they already sued, and got the judgement - and then they filed bankruptcy or something, getting out of actually paying. So you'll have to ask the insurance company exactly which steps were taken.and you'll have to make sure that the statute of limitations isn't passed, in FL, for this type of suit.

Happiness

ok my suggestion is a great site I found: http://locate-power-of-attorney.info/ It's a site that has Lawyers subscribed to it.It's free to do. You shoot off your case and their lawyers are shown the info, then they might chooseto take it or not and quote you a price, then you choose who you go with.You get to thoroughly check the lawyer's backgrounds etc, it's good because you just spend 15minutes with the site and that is it. You could have a choice of a few lawyers.Free to try, no obligation to go ahead with anything

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