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    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #1

    Apr 23, 2015, 07:30 AM
    Do insurance companys sue individuals?
    I was in a car accident a few weeks ago (the 4th), my car was totaled, so was the other. The police filed a report, there were witnesses and insurance info was exchanged. The next day the insurance company called, checked on my injuries and then went into the options I had regarding my car. We decided to go directly after the other drivers policy so I would get as much money possible to replace my car. A few days later and no word from my insurance had me calling them. They told me that they were investigating if the guy even had insurance at the time of the accident (we have the same insurance company). We decided to just collect on my collision policy since it doesn't seem that they can investigate this very quickly. They were still investigating Tuesday. I would like to sue the kid for my deductible. I was wondering if my insurance company would do that for me? They said at the beginning before any investigating started that, they would reimburse my $1000 when they collected if I went with my own policy.
    J_9's Avatar
    J_9 Posts: 40,273, Reputation: 5644
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    #2

    Apr 23, 2015, 07:41 AM
    Yes, sometimes they do. It's called subrogation. It will depend on if the other person was at fault and/or uninsured or underinsured.
    J_9's Avatar
    J_9 Posts: 40,273, Reputation: 5644
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    #3

    Apr 23, 2015, 07:49 AM
    I need to add that the insurance company may sue an individual, but that is only to recoup any money they are out. You will not see any of that money.
    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #4

    Apr 23, 2015, 08:02 AM
    The other driver was without a doubt at fault. I am also in Florida and we are required to insure all tagged cars, even the ones that are not driven. I guess its likely that he will be sued.
    ebaines's Avatar
    ebaines Posts: 12,130, Reputation: 1307
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    #5

    Apr 24, 2015, 05:56 AM
    Seems to me there are two possibilities:

    1. If the other driver was uninsured and can be shown to be at fault, then your insurance company may sue him to recover the full cost of the damages. If/when they win and collect, you would be reimbursed your deductible, and the insurance company keeps the amount they had to pay for your repairs. Of course this might take a year or more, and assumes the other driver has sufficient funds to pay. In the interim you may be covered by the uninsured driver provision of your policy.

    2. If the other driver is insured and at fault, then his insurance company covers all your damages assuming that his carrier agrees that he is 100% at fault. But be careful - since his company is the same as yours, the company has a financial incentive to declare that you are both at least partially at fault - that way they don't have to cover your deductible. So keep after them. In my experience it may take over a month for the company to reach a determination on this.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #6

    Apr 24, 2015, 06:43 AM
    Sometimes YOU have to sue your own insurer! Especially when the company they are going after is themselves!
    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #7

    Apr 24, 2015, 06:59 AM
    He took a red light at a major intersection. There was a left turn lead light before my straight light turned green. His light was red for awhile. I didn't get any tickets, nor was I charged for the accident. There were witnesses. The car behind me and the others stopped in other lanes of his red.

    I guess I was wondering my chances of getting my deductible back. He was driving an audi, so maybe. He was only 25 or so and probably didn't have insurance. So maybe not. I figured that if my insurance went after him my chances would decrease.

    My car and its trip to the junk yard were mostly covered on my collision policy but, it was a 8 year old car in really good shape with low miles 40k. Finding a new one like it is really hard and that extra thousand would help a lot.
    talaniman's Avatar
    talaniman Posts: 54,045, Reputation: 10852
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    #8

    Apr 24, 2015, 07:29 AM
    It takes a while for insurance companies to unravel accidents, and review policies, so don't expect immediate results. They don't care about the great shape your car was in just the blue book value they are liable for, so be patient, they will work at their pace and in their interests, but you can get a lawyer and sue the other driver yourself, typically for a third of whatever you recover.

    Did you miss work? Have to rent a car? Have expenses beyond what is covered by insurance? These things also take time, so I wouldn't count on that deductible money any time soon if you need a car NOW.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #9

    Apr 24, 2015, 08:32 AM
    I'm puzzled by your assumption that he didn't have insurance because he's about 25 and has an Audi (my state makes it extremely difficult to even be on the road). I wouldn't believe everything your insurer tells you. They STALL; it's what they do. They know exactly what coverage he has, instantly, for pity's sake - they are his insurer.

    I was hit once by a Nobel Prize winner. Wow, did that bog down. Finally I screamed a lot into the phone for a few days, and got a check.
    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #10

    Apr 24, 2015, 11:20 AM
    My company said they were investigating. Like you, I assumed they would be able to click a few buttons and know. I will geta check... tomorrow, for $11k. That will be $2k less than ill need to buy another car like my old one. If the other driver has insurance I would get $1k more. Im really just ranting at this point. My insurance company is probably giving me the run around. I have no idea how to go about finding out about his insurance on my own.
    Wondergirl's Avatar
    Wondergirl Posts: 37,828, Reputation: 5427
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    #11

    Apr 24, 2015, 11:24 AM
    Quote Originally Posted by MelanieRay View Post
    I have no idea how to go about finding out about his insurance on my own.
    Your adjuster should be wiling to give you that information. You didn't get it at the accident?
    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #12

    Apr 24, 2015, 12:49 PM
    Yes, they gave me his info at the accident, a few days later, they were investigating. The police would have taken his license if he didn't have any. Maybe he made a late payment and the company didn't report it yet to the state? My insurance company and his are the same so I'm not sure they will tell me anything true. This way they save $1000. I will get my car but, ill have to pay more for it when I didn't do anything wrong. Its all very very upsetting.
    Wondergirl's Avatar
    Wondergirl Posts: 37,828, Reputation: 5427
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    #13

    Apr 24, 2015, 12:55 PM
    Insurance adjusters look up the blue book value and pay that. Have you checked what your vehicle was worth?
    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #14

    Apr 24, 2015, 01:49 PM
    Not on blue book but, going through the dealership sites available here in my area. I had a 2008 ford escape and I'm having a horrible time finding one, the few I can are there and gone very quickly I found one for $10,900 with bigger engine but, fewer options. That would have been OK. The others have rebuilt titles and I don't trust them at all. What I did find was a mercury mariner that seems to be the same car for, $13000. That's what I will probably jump on if we accept the check (I won't take it if it closes my chances at my deducticle). Mazda tribute is also suppose to be the same car. Makes me wonder how they are so hard to find if there are 3 companies making them. That will also be an option. The insurance company says what I'm getting is fair market value, not blue book.

    I know cars are built now to absorb the impact so probably any low mile car will do but, mine did it and I was just left with a nasty airbag buise and a seatbelt cut. I love my old car and want another just like it.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #15

    Apr 24, 2015, 03:17 PM
    In the old days, you wrote 'accepted under protest' on a check (settlement, rent, any payment at all), but those days are gone.
    I'm pretty sure that legally you can accept the check and still have the right to expect/demand/sue for what is still due.

    Making demands of your insurer isn't just yelling into the phone. It's being informed about your policy and the law. If you aren't sure, just keep saying you are.
    -----OH-----
    And happen to mention that your airbag bruise is starting to HURT!! I'd actually get that looked at and submitted within the deadline.
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #16

    Apr 24, 2015, 03:34 PM
    You are getting a cheque tomorrow for 11,000, wow, that was fast! Why are you balking and complaining about THAT payout?

    You were driving an 8 year old car and as tal said, you got the blue book value and what you got was pretty good.

    Sure you can sue, but do you have the money and down time ? That $11000 will disappear pretty fast.

    You haven't owned a car in eight years, so things have changed, you will find car shopping and insurance shopping is not the same, because you will NOT have the same premium again.

    count your blessings. I wasn't born yesterday !
    talaniman's Avatar
    talaniman Posts: 54,045, Reputation: 10852
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    #17

    Apr 24, 2015, 04:29 PM
    Kelley Blue Book

    Just to compare and some options may be off and I think this model had 96,000 (typical average) miles on it but its rated at top dollar.

    http://www.internetautoguide.com/18-...pe-values.html

    Check in hand though gives you some leverage.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #18

    Apr 24, 2015, 05:37 PM
    You're basically asking your insurance company to sue itself. You both have the same insurer. They're not going to fight to get you more because it's out of their pocket! That would be silly. It would be like you suing yourself because you got hurt because of yourself. That's what it amounts to.

    If you want more than what the insurance company is offering, and either way they're the ones paying because you're both insured by them, then you have to hire a lawyer, someone that has no interest in what is paid out, or what you gain.

    Having said that, they made you a great offer on an 8 year old car. I used to work in insurance as an underwriter. $11,000 for an 8 year old car? Wow!

    If I were you I'd take it and be grateful. But based on your post that doesn't sound like something you want to do, you want that extra $1000. How much are you willing to spend to get it, because the only way to get it is to hire a lawyer and fight for it, and that will eat away at that extra $1000 and the $11,000 you were offered. In the end you'll get less than the $11,000 already offered. You won't see that extra $1000, because lawyers don't work for free.

    So is it about the money or to prove that you weren't at fault? If it's about the money, I'd take the check and move on. If it's about proving you weren't at fault, then put that $1000 and the $11,000 and possibly more, on the line, and go to court. You'll likely end up walking away with nothing, but you'll prove you weren't at fault.
    MelanieRay's Avatar
    MelanieRay Posts: 70, Reputation: 1
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    #19

    Apr 24, 2015, 07:19 PM
    Ok, everything is getting confused. The kid gave the police at the scene of the accident his insurance card. His insurance is the same as mine. The problem comes a few days later when our insurance company says they are unsure if he had insurance at the time of the accident. A few weeks later they are still unsure. My insurance told me that I can put in a claim to my collision policy and they would get me my deductible back if they find he did have insurance. If not, I could go after him (not his insurance, that he may not have) for it. I thought it would be small claims. What the insurance offered me is not completely unfair but some of that is to pay us back for the tow and storage yard we used while they investigated. The state chose the company and the scrap yard. We started to worry and got the car out because they were taking to long to even look at it. I will have to pay out to replace my car even if what I'm being offered is considered fair. It just really doesn't feel fair.


    The original topic was can my insurance sue him. Not his possibly not existing insurance policy. I have 2 kids his age and if they lost their cars (for no insurance) was sued for a $10,000 car and another $1000 to another driver, the finacial blow would destroy them. I was trying to do the morally correct thing and somehow you all have turned me into a greedy monster. I didnt fake injury, i even considered the bill when i pulled the car from the lot.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #20

    Apr 25, 2015, 02:26 AM
    You all? I didn't.

    You don't need a lawyer for the 1,000. You harass your insurer as I said - why do you persist in believing them. Or you take the 'kid' to small claims. I'm done here.

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