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Mitt R | Suing someone for insurance deductible? |
I was in an accident last month where the other party was 100 percent at fault. Her car had no damage and my bill was $5,200...insurance covered all but the 500 dollar deductible. I know I chose a plan that had a deductible but seeing how the other party was 100 percent at fault can I sue for the $500 deductible??
Im not looking for opinions here please answer only if you have specific knowledge to my question. Thanks in advance!
Additional Details
well the problem is this other person hasn't made a claim since there was no damage to her car..so my insurance as well as myself dont know who is insuring her...I have her name adress etc... so Im guessing iLL have to sue in small claims? |
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Luna & Lawnboy
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First, there was no damage to her vehicle, yet you incurred $5200? Yikers! Anyway, as noted, your insurance company will subrogate against her. Normally, if the insurance info is not available, the subro department will run a plate check. A plate check is run through the DMV. The insurance info is available through them. If the plate # was not secured, then they will send a letter to her requesting the name of her insurer. If she is not insured, then they will proceed with litigation. Remember, your insurance company wants to recover the money they paid out to you as well. It has only been a month, the process of subrogating can sometimes be lengthy. You cannot sue the third party directly. |
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mbrcatz
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No, you cannot.
By collecting under your own policy for the collision, you automatically transferred your right to sue her, to the insurance company. Look at your policy, under "transfer of rights of recovery" under the conditions section.
THEY get to sue her, and will try to collect what they paid you, PLUS your deductible. If they get it, they'll send the deductible to you. |
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T
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The first thing that should be done is to see if your insurance company can subrogate for the damages. This would cover all damages including the deductible. If there was a police report filed, then you and your insurance should have her information or should be able to obtain it. If this is not possible, then yes you could sue for the damages. But, in all reality you should sue for the total cost of the damages, not just the deductible. You should look to go after the insurance company first before you look at recovery personally. |
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Tim
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Of course you can sue her. You shouldn't have to pay anything if she was 100% at fault. |
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RT(R)
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you shouldnt have had to pay for the deductible at all. i had someone hit my parked truck, caused a few thou. I never had to pay anything. In fact, the person who hit, their insurance should have paid it all, NOT YOURS |
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