Originally Posted by WishBone33
Well i just got off the phone with the lady in charge of the investigation for my insurance company and she told me that since the traffic lights were flashing red for him and flashing yellow for me, it would be harder to prove who was at fault??? That makes absolutely no sense to me, because clearly if he has a flashing red, that's just as good as him having a red light or a stop sign and the police stated it was his fault and HE himself even admitted it was his fault. But anyway, she also said I would have to pay my deductible and then i would get a refund after they collect it back from his insurance company which also makes no sense to me. Why do i have to be inconvenienced to pay up $500, miss time from work to take my car to the nearest bmw collision center (50 miles away), and not to mention the gas money for all of this running around??? I think HIS insurance company should be making this as easy as possible for me since it was their client's fault, not mine but MY OWN insurance company seems like they are making this into a big hassle for me instead.
You should only speak to your adjustor. My agent told me before that if I received any phone calls to have them call her. She took care of everything for me. I will agree it is odd that you are being told to go to meetings and stuff with your adjustor, usually they just handle this over the phone... What insurance company do you have, if you don't mind me asking? It also sounds odd that your adjustor is giving you an odd version of the story and that it "may be hard to prove" it wasn't your fault too. Sounds like you may want to consider a better insurance company. When I was in an accident with my truck, everything was done over the phone. In fact, I only spoke to my adjustor over the phone and no one else.
As far as the deductible, you're pretty much SOL. If you want repairs now, you have to pay the deductible until the police report is 100% completed and filed and all insurance companies have access to it. Then, if everyone agrees it's not your fault, you'll get your deductible back. It's very rare that you can get the insurance to cover 100% of the damages without you paying a deductible right after the accident occurs. You can fight it, but from the sounds of your insurance company you will lose.
For what it's worth, when someone hit my car in the lot I went right to my insurance. Told them everything. They were willing to help, but at first they wanted me to pay the deductible. I said no way, it wasn't my fault. I had all the guys info and the police report was filed and almost completed. I pleaded with them to help and they finally did, but it took them a while (obviously, if the other guy had crap insurance it would take them a bit to get their money back). But it was also my first ever claim in almost 10 years.