Auto Insurance Claims: Rear ended, key of the proper type, last key used

Question
on June 18,2012 my husband was at a stop light while waiting he was rear ended by another driver.  I have a 2012 Nissan Altima that's not even a year old as yet. So the person that rear ended us is insured with Explorer and after the estimator came out he gave us an estimate of $5986.00.  Now after speaking with the claims adjuster they stated that the maximum they can pay out is $5000 anything over would be my responsibility.  My question to you is if they are accepting fault, are they really allowed to pay the amount that they want to pay, or should it be the amount I am charged to fix my car?

Answer
Hello,

Since all these situations vary from state to state, your best answer would come from YOUR agent and the agent would know the proper answer that woul apply to your situation. I have never heard of such a thing unless that is the limits of the other driver's policy at which point you would sue them in small claims court.

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