You could sue the driver in small claims court, but that’s a hassle. If the driver eventually responds, they might still lie and blame you, and you’d end up going through your insurance anyway.
You’d get your deductible back if your insurance recovers from State Farm. Otherwise, you’ll be spending time and money suing the driver yourself. Either way, fixing the car through your insurance now might be the least painful option.
I’m not sure why you’re getting downvoted for not wanting to pay your deductible. It’s understandable to want to avoid it.
Because they might end up getting nothing instead.
They don’t want to pay the deductible but are okay with paying for collision coverage, which covers this situation. They’ve probably already paid more in premiums than the deductible amount.
It’s likely because insurance professionals see the deductible as a part of the agreement you make when you sign up for coverage. Complaining about it later doesn’t make much sense.
I’d be upset if I had to pay a deductible for an accident that wasn’t my fault. It’s the principle of the matter.
I’d feel the same! It’s frustrating when the other driver doesn’t take responsibility.
You’re going to be angry in a not-at-fault accident anyway, especially when it messes up your life.
Nowadays, most insurance companies won’t waive the deductible right away, even if they expect to recover from the other insurer.
They probably only ‘waived’ the deductible because they knew they could recover the money from the at-fault insurer. It wasn’t out of generosity.
Yeah, I know how it works.
If you want your car fixed, you’ll have to file with your insurance and let them chase the other guy. That’s your best option.
Go ahead and file. You’ll likely get your deductible back.
How much is the damage and how much is your deductible? Do you need to fix it right away? I don’t get why the claim is denied just because the other driver won’t respond. Can’t they send a certified letter?
And if they ignore the letter?
Claims don’t disappear because they’re denied. They’ll have to answer eventually. I worked in claims for years and we never just closed a file like that.
But you’ve probably seen claims denied due to lack of evidence, right?
If the insured won’t cooperate, the insurance company should have to pay based on the claimant’s evidence alone.
But what if the only evidence is the claimant’s word?