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Discussion Starter #1
I have Really Bad Luck. Being In Wrong Place at Wrong Time.
I learn a hard lesson, hit by a underinsured driver is even worst than an uninsured motorist.

My 2018( May 9.18 ) Chrysler Pacifica Stop on I-80E near 105B Exit. A 2018 Honda Civic stop behind me was pushed forward to hit & damage my car by a 2009 Dodge.

Per police report, 2009 Dodge is at fault, traveling at 60 mpg and not stop to cause damage.

2018 Honda Civic was totaled. Driver at fault has only $10,000 for property damage. His Mercury Insurance send me a letter stating not enough to pay. Asking me to claim with my own insurance.

My Car/House Insurance with Traveler over 12 years they twist it as a "Collision" and ask me to pay $2,500 deductible and not consider as uninsured.

Any advice to claim against Driver or my Insurance ?
 

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Not sure if it is the same in California, but here in Arizona uninsured motorist coverage only covers bodily injury to you or your passengers, not collision damage. Same goes for the separately sold under-insured motorist coverage.
 

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AZBean is correct. Un-insured as well as Under-insured only applies to your medical bill. Same in all states, and all companies.
They are not twisting it into a collision. That is what it was: Another car collided with your car.
His fault, but still a collision claim for you, a property damage claim for the driver in the Charger.
 

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You will likely need to sue the other driver in small claims court for the $2500 deductible. With the police report, letter from other driver's insurance, the letter from your insurance and your repair bill you should have no problem winning a judgement. The hard part is actually collecting.
 

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Discussion Starter #5
You will likely need to sue the other driver in small claims court for the $2500 deductible. With the police report, letter from other driver's insurance, the letter from your insurance and your repair bill you should have no problem winning a judgement. The hard part is actually collecting.
Hi, Shawnee
Thanks for comments to file claim on Small Claim court. But as you know the hard part is even win but difficult to COLLECT.
 

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Discussion Starter #7
I would do it anyway. Make his/her life miserable. And, you will feel better.
Agree, otherwise every people will not take responsibility seriously. Buy just the min. Insurance. May consider to some collection agent who charge some percentage of the claim. Still worth it.
 

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Agree, otherwise every people will not take responsibility seriously. Buy just the min. Insurance. May consider to some collection agent who charge some percentage of the claim. Still worth it.
Yes, +1 to everything said here. Bennyk, just out of curiosity, you say your Pacifica stopped on I-80 near the 105B exit. Was this due to traffic backup, or did something happen to your Pacifica to cause it to stall, or something else entirely?
 

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My Car/House Insurance with Traveler over 12 years they twist it as a "Collision" and ask me to pay $2 said:
If I were you, I would advise Travelers that you will be filing a "bad faith" claim against them. Follow up with a complaint to the agency in your state that regulates insurance companies. Finally, as suggested above, pursue an action in your small claims court against both the Dodge driver and the Honda driver.
 

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Having been in a similar situation years ago, I would highly recommend a good personal attorney. The woman that hit us was under insured as well, so we had to sue our own insurance (I know, sound crazy) to have them pay and then they went after the at fault party.
 

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Agree, otherwise every people will not take responsibility seriously. Buy just the min. Insurance. May consider to some collection agent who charge some percentage of the claim. Still worth it.
Bummer.

Here's a realistic piece of advice you didn't ask for.

Eat the $2500. It's the risk of living. Get your Pac fixed properly and enjoy it. Small claims court, hiring an attorney to sue, no way. Life is too short. You will never get your money, and the *ssh*le with no insurance will never get the message. The only additional loss is your valuable time, probably more money, and much aggravation.

My prescription is a single malt scotch and a middle finger salute to irresponsible drivers everywhere. :grin2:
 

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Discussion Starter #12
Yes, +1 to everything said here. Bennyk, just out of curiosity, you say your Pacifica stopped on I-80 near the 105B exit. Was this due to traffic backup, or did something happen to your Pacifica to cause it to stall, or something else entirely?
It is due to Traffic Back up stop and go situation.
I lover my Pacifica, it works really well for me. All function are in good condition.
I have the Advanced Safety Tec packages include " Adaptive Cruise Control which I like best. Lane Depart, 360 View back up camera. Cross traffic, parking assistant etc.

Lucky this crash only car repair, no body injury for all 3 cars.
 
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