Legal Question in Insurance Law in Indiana
Responsibility for deductible
I was recently involved in an accident. My car was stopped in traffic and was then rear-ended. My insurance company says I must pay the deductible because of some agreement with the state of Indiana regarding the fact that if I hadn't been so close to the car in front of me, less damage would've occurred. Do you know of any written agreement such as this? I would think that something like this must be written down and quantified. How can I get my insurance company to pursue the other insurance company for the deductible? Please help -- I feel as though someone is trying to pull the wool over my eyes.
1 Answer from Attorneys
Re: Responsibility for deductible
I don't know Indiana law, and I don't know that law
particular, and I don't know your insurance company,
but if I heard in this state that tale told you by
your insurancc company, I would probably assume it
was a lie, for two reasons.
First, dealing with insurance companies as often as I do, I have begun to learn
that everything they tell me is a rule is actually a negotiating stance, and I
do not take them at their word for any of it. I've always know it, e.g., that
when I got a check as settlement on a claim for damages on my car, that the
check (though tempting to cash right away!) is just an offer of settlement of
the claim on their part.
Secondly, it doesn't sound right. The state of Indiana doesn't make private
agreements with insurance companies that affect whether or not you have to
pay the deductible, or at least not arbitrarily. Your rights regarding your
deductible are between you and the insurance company and then probably between
you two and the public courts. I could be wrong, for example, if the deal that
they're talking about is law (which courts have to abide by) established by a
statute -- legislation, but it'd be kind of odd and possibly a violation of
constititional rights (which trump further yet). Anyway, it stinks, and it's
clear to me that the damage to the front of your car and to the car in front of
you were both caused by the driver behind you and you are clearly not 1 bit at
fault.
Furthermore, if what they told you isn't true, we have consumer protection laws
in this state (for residents here) which would penalize the insurance company from
trying such tactics against you, and would pay you back about 3 times your deductible
plus attorney fees.
You might want to talk to local counsel before calling the insurance company back.