CarInsurance.com Insurance Comparisons
> ZIP code:  Start Quote
CarInsurance.com Navigation
  About Car Insurance About Us
  Car Insurance Site Map Site Map

Get Free Quotes Now

Zip Code:
Save With CarInsurance.com!
Car Insurance Learning Center  Learning Center  Auto Insurance Questions & Answers   Questions & Answers  Professional Answers   Professional Answer
My little sister damaged someones car (she kicked it repeatedly) which put a $750 dent in it. They went through their insurance to get it fixed and only paid a $250 deductible. My sister was prepared to give them the $750 to get it fixed until she found out that they went through their insurance company and only paid the $250 deductible. So, is my sister obligated to pay the girl the whole $750 or only $250. And if she pays her $750 can the insurance company come back and sue her for what THEY spent getting it fixed?

Maturity comes with responsibility. It is good that she offered to pay. State laws differ however if your sister vandalized a vehicle by kicking it repeatedly and causing a dent then she can usually be held personally responsible. Given the conduct of your sister it may be that the other party did not feel comfortable trying to get the money for the damages from her directly and thus chose to use their own physical damage coverage and paid their deductible to do so. Making a claim may also affect their future insurance rates.

Since they went through their own insurance company it is likely that insurance provider will now subrogate with your sister. This means they will contact her and request that she pays them for damages she caused to the vehicle which they paid out the claim on. The insurance company may request the whole $750, meaning the $250 deductible and the remaining $500 they paid out, or just the $500 they paid out. If they request the $750 then they should return to their policyholders their $250 deductible.

Common sense says that your sister is responsible for the full $750 if she caused $750 in damage, regardless of any other payment. Whether it be from grandparents or an insurance company.

If the insurance company does not subrogate for the victim's deductible then that person could request the $250 deductible be paid to them and in most states this means they could take your sister to court to seek a judgment for this amount that they are out due to her actions. The other party could not normally now request the whole $750 amount from your sister since they were not out that full amount.

If your sister pays the other party any amount she may want to get a signed document stating the amount given, etc so that if the insurance company does come after her for monies she can prove what she has already paid back to the other party.

Share this on: Tweet this! Add to Facebook Add Google Bookmark Digg This Windows Live Favorites Add to Del.icio.us reddit this!
StumbleUpon Save to Ma.gnolia Save to Blinklist Technorati This Submit to Propeller Furl It Seed Newsvine
Related Questions
Car Insurance RelatedI backed out of a garage where my truck was being worked on and hit a guy's car and did damage to his car but not mine. Do I pay a deductible on his damage?
Car Insurance RelatedMy son was involved in an accident in which our truck was deemed totaled. It was the other driver's fault. Our insurance company sent out their own adjuster and came back with a figure, they are tryin...
Car Insurance RelatedMy son was involved in an auto accident 2 months ago, and he was at fault. He was also late in paying his liability insurance, so he was not covered. The other persons insurance paid their claim and...
Car Insurance RelatedIf someone hits my parked car and they do not have insurance how do I get them to pay? What steps could I take?
Car Insurance RelatedI am from PA. If an uninsured driver hits my vehicle, am I responsible for paying for the deductible on my insurance?
Car Insurance RelatedMy son lives in Florida, he hit a lady in the back end. At the time he didn't know he had no insurance, tags expired and a suspended license. Long story there. Anyway, he paid almost $1,000 in court f...
Car Insurance RelatedMy daughter was rear-ended at a stop sign. Her insurance company says that since the damage is less than her deductible, they won't do anything. I thought the deductible was waived when the accident i...
Car Insurance RelatedIs auto deductible refundable if claimant is not at fault?
Car Insurance RelatedMy daughter's van (insured in New Jersey) was totaled in an accident. The insurance company is billing her for the deductible of $750. They did not repair the vehicle. Is she liable for that deductibl...
Car Insurance RelatedI was in a car accident this morning, the person who hit me does not have any insurance. Am I responsible for my own $500 deductible? How can I get the other driver to take care of that?
Car Insurance RelatedCan you be made to reimburse an insurance company if you in an accident and your insurance has lapsed?
Tell us what you think about this answer.
What did you think of this question and answer?

poor 
1
2
3
4
5
6
7
8
9
10

 excellent
Tell us why you rated this car insurance question and answer this way:
Visitor Comments
No visitors have commented on this answer.
Question Details
This car insurance question was asked on 12/20/2007
This auto insurance answer was last updated on 12/22/2007
Wendy requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
Claims
Print Car Insurance Answers Print this car insurance question and answer
Email Car Insurance Answers Email this auto insurance answer
Disclaimer: Answers and comments provided are for information purposes. They are not intended to substitute informed professional advice. These responses should not be interpreted as a recommendation to buy or sell any insurance product, or to provide financial or legal advice. Please refer to your insurance policy for specific coverage and exclusion information. Please read our Terms Of Use.
©2009 CarInsurance.com, Inc. - Online Insurance Marketplace™
safe and secure auto insurance   better business bureau car insurance   Tested, Safe, and Secure Car Insurance