Auto Insurance Claims: non-fault accident-ins. wont pay/my ins. refuses to give other ins. any info., insurance comapny, pa police

Question
I was involved in an accident, hit by a taxi in NYC, my husband being a PA police officer didn't figure that we needed to call the police for both cars we're drivable and no one was hurt.  We exchanged information and went on our way.  BUT now my car has been fixed I've paid the deductible and I'm having trouble getting the "At fault" drivers ins. co. to pay. Plus I've recently gotten a letter from MY own ins. co. that they're dropping pursuit of getting any recovery and when I speak to the "AT FAULT" ins. co. they tell me that MY ins. co. REFUSES to give them ANY information needed for recovery.  To which I've checked with MY ins. co. and they tell me that they DO NOT have to give the other ins. co. any information that it belongs to them!  Is this true? And what can I do to recover my deductible??  Thank-You

Answer
Hi Lori,

The person you talked to at your insurance company is an idiot. Would you write a check to anyone who asked without them providing you with the information required to be sure you owe the money?

You need to call back your insurance comapny and ask to speak to the subrogation manager.  When an insurance company is pursuing subrogation against another insurance company they must provide any statements that were used to determine liability, a copy of the repair documentation and a copy of the check showing it was paid. This is what you need to explain to the subrogation manager. They have an obligation to you and the companies stock holders to pursue recovery for amounts that they pay out on their insureds behalf when their insured was not at fault.

I hope this helps
Richard Hixenbaugh