Auto Insurance Claims: insurance deductible re stolen vehicle causing damages, Canadian Smash and Dash


Question
Another driver damaged our vehicle, reported to insurance.  Insurance of other vehicles owner was obtained.  Driver would not provide drivers license and left before police arrival.  When she gave insurance details, indicated it was her boyfriends car.  Would not stay due to police being called and wouldnt provide personal driver info.  (appeared under the influence of either drugs or alcohol) which is why they left before police arrival most likely.  Was advised by our insurance to get vehicle repaired, was not advised of deductible owing, until picking up vehicle after repair, insurance indicated owner maintained vehicle stolen now.  It also happens to be the same insurance provider as ours, we feel we have been scammed by both the insurance, and the other driver, and the owner of the other vehicle.  any feedback?  would be helpful.  
This claim is in alberta, canada

Answer
Thank you for the question and I'm not sure I can assist being unfamiliar with Canadian policies and claim practices.

In the lower 48 I would say that if the other owner claims the vehicle was driven without their permission that it would not be covered by his policy.
Now, with that said, if the other driver lives in the household and has normal and frequent access to and use of the other vehicle, then the owner may have a problem maintaining their story that the vehicle was stolen.

I would also check to see if the other driver is being sought for grand theft auto to validate the owner’s story of theft. They may be taking this position to merely avoid having a claim on their record and incurring a rate increase or cancellation.

The insurer having both parties as policyholders may play a role in their decision but they will still pay for your vehicle and yes, your agreed upon deductible is applicable under the terms of the policy. Some insurers (e.g. State Farm# have been known to waive deductibles when both parties are insured with them but this may not be the case with your insurer. Ask them but do so in writing!

I would also ask to see if the insurer was intending to seek recovery #subrogation# from the at-fault driver as to recover their pay-out for yours and the other owner’s damages. They may place your deductible in their claim for you.

The one thing I would suggest is from this point forward is to communicate with your insurer in writing only as insurers may sometimes make statements or take a position and tell you verbally that they may never place in writing. If you want the truth from an insurer...place your question in writing, send it certified, return receipt requested #or verifiable receipt) and demand their response in writing! This may prompt them to reconsider their position.

I hope this helps in some way, Good luck!