QuestionI had an incident in 2008 where a steel covering fell on my car from the roof of an apartment building. I called the police and my insurance company and a claim was filed. The claim went under my comprehensive coverage. In 2009, I got my car fixed, paid a $500 deductible and my insurance claim reporter told me that the claim is closed and there is nothing else he can do.
The apartment complex said it was an act of God. I later found out the police officer reported the incident as vandalism. I also found out through a third party that the case is going through subrogation. I feel like the insurance claim reporter is withholding information from me. Will I eventually got my deductible back? What should I do next?
AnswerFrances,
You need to send a written request for status on your claim. In many states, there is a statute (law) that requires the insurance company to take action to recover your deductible. If the case was vandalism, then the most effective subrogation route is through restitution on the criminal charge. You would need to get a police report, find out who investigated the vandalism, see if there were any charges filed and find out if the police ordered the vandal to pay back any damages. If they didn't, then you'll have to file a civil suit against the vandal, or your insurance company will have to.
Unfortunately, there aren't many insurance companies out there that have somebody who is capable of recovering damages on a vandalism claim. We do it all the time, but we're experts in subrogation.
I hope this helps, and if you need any further assistance, just remember that information is always free at Petty Details, LLC!
