QuestionI was involved in a car accident, where someone failed to yield at a stop sign (cutting across four lanes of cross traffic, all going 35 mph) then stopped mid-lanes and I hit her vehicle. (I broke both of my brake cables trying to stop, but there was nowhere to go, and nothing I could do to avoid it.) Four vehicles ended up with damage from her choice to try to weave through traffic; one even rolled over. It was horrible, but fortunately only minor injuries.
We live in a "no-fault" state, and her view was that we should all pay for our own car repairs. I was furious. As it happened, I overheard her telling the cop she was insured by Company A, which turned out to be a lie. She was really insured by Company B (Company A was a former company which had dropped her) but she attempted to defraud the insurance company. Knowing what I knew, I informed my insurance company, and they went after her, and won.
They have issued me a check for the amount of my deductible; $250.00. My husband wants to know if we should deposit it, or if there is something else we are entitled to as a recovery fee, and if cashing this check will amount to acceptance, voiding the possibility of more money.
Do you have any idea how this sort of thing plays out, or should we just be thankful to have our deductible back?
Our car has never been the same.
Thanks in advance. We live in Utah.
AnswerHi Clara,
There is no such thing as a "recovery fee" so I'm not sure what you are speaking of.
When someone else is at fault for a collision, what you are entitled to are the repairs to your vehicle, a rentalcar or loss of use for the period of the repairs, the diminished value of your vehicle as well as any medical bills, lost wages and pain & suffering.
Based of your initial statement it appears you were not injured, and your car was repaired and you have received your deductible back. So what remains is the cost of a rental car or loss of use payment and the diminished value of your vehicle. The determining factor of your eligibility for a diminished value payment depends on a number of things. If this was the first accident the vehicle was involved in, and the vehicle was less than 10 years old, had a pre-damage value of at least $10,000 and the cost of the repairs were more than $3,000, then you may qualify to be paid for the diminished value of your vehicle. To pursue a claim for diminished value, you will need ot hire an independent vehicle appraiser. This will generally cost $300.00 to $500.00.
To learn more about diminished value payments, visit www.collisionclaims.com .
I hope this helps
Richard Hixenbaugh
