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rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I was recently involved in a car accident. It was my car ...

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I was recently involved in a car accident. It was my car but I was not driving at the time. The driver pulled out in front of another car and my vehicle sustained about $2000 damage. Since I was not driving my car at the time I was wondering if I could go to small claims court and get the $500 deductible I am going to have to pay on my insurance. The driver of my car told me he would pay the deductible on my car but now says he will not. What should I do? No one was hurt in the accident and both cars are drivable.
Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information.

You apparently have collision coverage from your own company, but they are paying $2,000 minus the $500 or $1,500.00. Your company will pursue the other driver's company (or the driver personally if he is not insured) for as much of the $2,000.00 as it can. If it was totally the other driver's fault, and his company agrees, your company will get $2,000.00 and give you the 500 back. If it was partly your driver's will be resolved proportionally. For instance, if it was 50-50, your company will collect $1,000, and give you 250.


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Customer: replied 9 years ago.
Reply to rvlaw's Post: Since it was the driver's fault who was driving my car and my car is insured would his insurance company still be liable for fixing my car or part of the cost

No...if your driver was 100% at fault as concluded realistically by the two insurance adjusters, you will get $0 back of your deductible. That determination, however, is between the two companies only. You can sue the other driver personally for the $500 and his company will provide a lawyer to defend. BUT if the reality is that your driver is at fault, you will be wasting time and money in court. Sorry.


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