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alihuho · Dec 30, 2011, 05:02 PM

I was driving on the car-pool lane and a car in the right lane suddenly pulled into my lane and scratched the door on the passenger side. My car was a SUV and the 2nd party's car is a sedan and much lower than my car, and my car door was scratched by the side mirror of the 2nd party's car.

We exchanged insurance information and he said he was avoiding a third car. There were a third car stopped for the incident so I approached the 3rd car for insurance info. The driver said he didn't hit my car and refused to give me his information.

I filed the claim with my insurance company and took my car to repair. I have waited for my deductible to be reimbursed but 2 months later I still haven't gotten it back, my adjuster told me that they have done everything but the 2nd party's insurance company said their client was avoiding the 3rd car and therefore not at fault.

The weired thing is they said their client didn't provide the 3rd car's info to them and my insurance company cannot go after the 3rd party's car insurance company.

Do I still have a chance to have my deductible back? Thank you for you help.

smoothy · Dec 30, 2011, 05:47 PM

Personally... when they refused to provide the insurance info.. I would have contacted the police, gave then the vehicle info, tag number and description of the driver... and let them deal with the police.

Months later nobody is going to listen to you I fear.

AS far as the insurance end of it.. we have experts here who can offer better advice on that aspect than I could.

Where do you live?. Insurance companies are licensed State by State. And State laws can determine what rights you may or may not have.

Fr_Chuck · Dec 30, 2011, 06:40 PM

Sorry the other car may not have even been involved. The car who is to pay for your repair is the other car that hit you, not some mystery car that did not hit anyone.

Your insurance company depending on the claim, may or may not sue the other driver on your behalf and if they do, it can take months and months if not years to settle. Then they will pay your deductable back, not before. You need to speak to your adjuster if they are going to sue the other driver.