6th April 2011, 02:17
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#11
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Super Moderator
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1. Did the other driver have insurance?
This is important. If he did, then HE is "liable" for your loss and the "loss" is a matter of negotiation and agreement (and potentially litigation)..HOWEVER, it is NOT defined by his policy, your policy or any insurance company 'rules'.
it is important you understand the difference.
2. If you are using your insurance, via 'uninsured motorist' coverage, recognize that this is contractual coverage- you have agreed that any damage caused by an uninsured will be fixed per the terms of your contract with YOUR insurance- THEN your policy rules will apply. It is not a liability case.
I prefer to take a very hard line approach and deal directly with the at fault party or their insurer. Indeed my attitude is "you caused a loss, you will pay whatever it costs to fix, if you want to submit the claim to your insurance, that's OK with me, but their rules on your policy are not my rules..."
3. If going through your insurance but they will file against the other driver, recognize that YOUR insurer does not necessarily ave YOUR best interests at heart. If you get a whiff of this, lay down the law.
Sucks... you are looking at $8-10k I am guessing.
__________________
"Keep things as simple as possible...But no simpler"
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