why am I being told I must make a claim on my policy?

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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: Oct 5, 2015

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Insurance Question from Corinth, TX

Asked on 10/05/2015

why am I being told I must make a claim on my policy? A vehicle ran into the car behind me and pushed that car into mine, causing damage. The vehicle that pushed the car into me drove away. Now, my insurance company is saying that I must make the claim on my policy which subjects me to the policy deduction. I thought this would go onto the car behind me, as i was simply sitting at the stop light and they hit me from behind.

Answer given on January 12, 2016

If you are rear ended in an auto accident, and the car behind you was not the reason for the accident, it gets very complicated in settling the claim. It is probably in your best interests to file the claim with your insurance company. You will have to pay the deductible, but they will probably try to recover all or part of the costs of your repairs. If they are successful your deductible will be refunded, at least in part.If you try to go through the other insurance company they will most likely deny your claim since their driver did nothing wrong either presuming they were also stopped. and you will continue to do battle with them, while your company will settle this more quickly. Also, you will not be charged for the accident even if your insurance company pays for the damages, since the accident was not your fault.

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