Legal Question in Personal Injury in Texas
I was rear-ended by someone who does not have insurance
I was rear-ended by a person that does not have insurance. I have contacted my insurance company and they have already given me a check for the damages to my car minus the deductible. I don't feel that this is right, though. Even though they say that they are going to work with me to get me compensation for all of my bills, I feel that I shouldn't have to pay a deductible for something that was not my fault. I feel that this is the responsibility of the driver who hit me. Is there anything else that I can do, or have I done everything possible.
Thanks.
2 Answers from Attorneys
Re: I was rear-ended by someone who does not have insurance
The deductible is a negotiated element of your contractual relationship with the company. Read your policy. It probably says the insurance company will pay your property damages for uninsured motorist less the deductible.
Re: I was rear-ended by someone who does not have insurance
Assuming this is only a property damage claim your policy probably does have a deductible provision that will apply. Just be sure the correct amount of the deductible is being withheld. If any personal injury is involved you will be dealing with PIP or UM coverage which would not have a deductible. Be careful not to sign a general release thinking it only for property damage if you also have an injury claim.
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