Legal Question in Insurance Law in Indiana

Re: Responsibility for deductible

I don't know Indiana law, and I don't know that law

particular, and I don't know your insurance company,

but if I heard in this state that tale told you by

your insurancc company, I would probably assume it

was a lie, for two reasons.

First, dealing with insurance companies as often as I do, I have begun to learn

that everything they tell me is a rule is actually a negotiating stance, and I

do not take them at their word for any of it. I've always know it, e.g., that

when I got a check as settlement on a claim for damages on my car, that the

check (though tempting to cash right away!) is just an offer of settlement of

the claim on their part.

Secondly, it doesn't sound right. The state of Indiana doesn't make private

agreements with insurance companies that affect whether or not you have to

pay the deductible, or at least not arbitrarily. Your rights regarding your

deductible are between you and the insurance company and then probably between

you two and the public courts. I could be wrong, for example, if the deal that

they're talking about is law (which courts have to abide by) established by a

statute -- legislation, but it'd be kind of odd and possibly a violation of

constititional rights (which trump further yet). Anyway, it stinks, and it's

clear to me that the damage to the front of your car and to the car in front of

you were both caused by the driver behind you and you are clearly not 1 bit at

fault.

Furthermore, if what they told you isn't true, we have consumer protection laws

in this state (for residents here) which would penalize the insurance company from

trying such tactics against you, and would pay you back about 3 times your deductible

plus attorney fees.

You might want to talk to local counsel before calling the insurance company back.