Auto Insurance Claims: not at-fault in total-loss accident - how do I recover my deductible?, rental car company, vermont resident

Question
My car was totaled when another driver ran a stop sign on 14th Aug 2010.  (Today is 26th October 2010)
The other driver had a rental car and I suspect that they do not have insurance, based on the fact that the rental car company has sent me a bill for the repair of *their* vehicle.
Since my insurance company will not reimburse me my $500 deductible until they get that money from the at-fault party's insurance, is it possible that I will not get that money back at all?  When will I know, or are they eventually obligated to repay me since I was not at fault?  

The accident happened in Maine but I am a Vermont resident.

Answer
Hi Melissa,

Your insurance company should be pursuing the at-fault person and/or their insurance company for reimbursement of the amount they paid for your car to be repaired as well as your deductible. This process is called "Subrogation". If there is any question as to who is liable or what insurance comapny is to pay, the process can take several months to well over a year. I generally suggest that you consider the deductible spent money and don't look for it any time soon. Then one day out of the blue you may get a check in the mail.

You can contact your claims adjuster to find out who in the company is handling the subrogation of your claim. Then you can stay in contact with that person every couple of months to check on the progress.

I hope this helps
Richard Hixenbaugh