Auto Insurance Claims: Auto Insurance Deductible, insurance expert

Question
Hello,

Someone without insurance was driving my car with permission. They caused $1600+ damage to the vehicle and refuse to pay the $500 deductible. I am insured in MA and they are not insured to drive in NJ. I believe they should be responsible for at least $500 do I have a valid claim?

Thank you.

Answer
Hello Katherine,

Several issues.  First, I am assuming that your Collision will pay, so you are concerned only with the issue of who pays the deductible.  As for your being insured in MA, OK.  Insurance policies do not stop at state lines.  If the accident occurred in NJ, your policy would still apply.  The exception would be if the unlisted driver somehow violated the terms of your policy.  From the information you have provided, this does not appear to be the case.

The issue is whether or not they should pay the deductible, not, apparently whether or not you have a valid insurance claim. You can still have the car repaired as long as someone pays the deductible. If they refuse to pay, what you have is a civil matter unrelated to your collision coverage.  I am not an attorney, so I cannot give you a legal opinion.  If you want to pursue this, you might have a case for small claims court.  Again, that would take a legal opinion.

Good luck.
Jane Pytel

http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com