Auto Insurance Claims: deductable liability, insurance company, derrick

Question
Wife was hit and pushed into another car, the person at fault lied and said its not her fault. Driver of car we were pushed into also said we are not at fault and the other woman is at fault. Woman who hit us has same insurance company as us. Adjuster totaled our car out.Put us in a rental car. Adjuster wants us to settle, but want us to settle less the deductible. I say since we are not at fault why should we be out of the deductible? They say we will get it back after her policy determines it is her fault. I think, but could be wrong, that my policy pays me and her policy pays my policy less the deductible, then i will have to go after her for the deductible which i may never get from her. So far i have told them no way. Would i be safe in making a deal less the deductible?

Answer
Hi Derrick,

If your claim is paid from the at-fault persons policy there is no deductible. You should push the adjusters to make a decision and pay your claim. Especially since you have another witness who says it was the other persons fault.

I hope this helps
Richard Hixenbaugh