can a trash company or their insurance company pay my deductible

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 20, 2012

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Insurance Question from Sterling, CO

Asked on 01/20/2012

can a trash company or their insurance company pay my deductible a trash company put a recyling bin outside my work and did not secure it or have any locking wheels on it and the wind blew it into the side of my truck causing $4000.00 dollars worth of damage i filed my claim and got all payed exept my deductible and I want to know can i make them pay?

Answer given on January 20, 2012

It sounds like you submitted your claim for the damage to your car through your insurance company. They would pay you for your repairs, less the deductible. Once the claim is settled then your insurance company will try to subrogate the claim through the trash company’s insurance company. They will submit the amount they paid to repair your car. Presuming the trash company’s insurance company accepts responsibility for the damages, they will reimburse your insurance company for the amount they paid out, including the deductible. If your insurance company is successful in getting full reimbursement, you will be reimbursed your deductible.This process can take several months. In addition, if the other insurance company only agrees to pay a part of the claim, then you will be reimbursed that percentage, rather than your full deductible. However, it sounds like the damage is caused by the negligence of the trash company, so full reimbrsement should be received.

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