Overhaulin'

Return of Insurance Deductible. I live in Massachusetts. Was involved in car accident.?

My own insur. co. concluded that I was at fault and surcharged me. I appealed the surcharge and was found NOT TO HAVE BEEN MORE THAN 50% at fault for the accident. My insur. co. reversed the surchargable points that was initially assessed against me but refuses to refund my $500 deductible, claiming that they believe I was at fault for the accident (despite the surcharge board of appeals--a higher authority---finding the opposite). So here is my question-- How can my own insur. co. keep my $500 deductible (that should be assessed against me IF I AM FOUND TO BE AT FAULT FOR AN ACCIDENT---when I was found NOT TO BE AT FAULT BY THE SURCHARGE BOARD OF APPEALS----My understanding is I must pay my deductible when I AM AT FAULT!----What good is it to exercise my right of appeal if my own insur. co. can ignore the finding of the appeals board? Please refer to a statute and/or reg. if you can when answering this question. I repeat, I WAS FOUND NOT TO BE AT FAULT.

Public Comments

1. First of all, Your insurance company does not keep your deductible. That should have been paid to the shop that repaired your vehicle. Second of all, your insurance company would attempt to collect any monies paid (including your deductible) from the at fault's insurance company thru a process called subrogation. However, if you are found at fault for the loss or even 50% in some states your carrier is barred from collecting the money back from the other carrier. Thirdly, There is no such thing as a "Board of appeals" You probably whined and complained too much to your carrier so they probably just removed the At fault accident surcharge. Deal with it, you had to pay a deductible, and the insurance carrier paid the rest. At least you did not have to pay for the whole claim.
2. How many times are you going to ask this? And how many times do people need to tell you over and over "You ALWAYS have to pay your deductible!" When you signed your contract with your insurance company you said you would alwayssss no matter who was at fault pay your deductible for an accident. The only time you can ever NOT pay your deductible is if you go directly through the at fault parties insurance.. which you obviously didnt. Grow up and read your policy.
3. Read your policy. Your deductible applies regardless of fault.
4. Go ahead and ignore "la428282".. she's a *bleep* like that with every question she answers. (she's an insurance adjuster, she thinks it's ok for insurance companies to screw people.. read her other answers..) Anywho.. she is correct though (although profoundly rude) if your damages are fixed through your insurance policy you are responsible for paying the deductible no matter who is at fault. However.. if the other party involved is found to be responsible for your damages their insurance must reimburse yours including the deductible you paid, which then should be returned to you. however good luck.. you might have to take it to court if your insurance isn't already.