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Can i get my deductible back from car accident?

Coopersburg, PA |

January 21st, 2012 I was driving home from work in the snow and was about to turn left, when my car

slid to a stop in the left turn lane. I was only going about 10 MPH, the person behind me passed me on right,

but a woman in a Jeep failed to stop or pass and rear-ended my car causing major damage to the rear but

barely a scratch to the Jeep that hit me.

The police arrived at the scene and we both gave them our statements. When everything was said and

done, the police officer gave us both warnings for driving too fast for conditions even though I was at a

complete stop when the woman rear-ended me.

My husband and I paid the $1,000 deductible to get our car fixed, because the insurance company

said we would get the money back after they pursued the woman's insurance compa

Attorney Answers 3


  1. I answered this question already, but yes, you have a right to be reimbursed your deductible from the at-fault party. Work with your insurance company to resolve this issue, it sounds like quite a bit of time has passed. Do not delay.

    Also, I have assumed that the other driver is at-fault. You would only be able to recover from an at-fault driver. If you were considered to be at-fault then you would not be able to recover from the other driver involved in the accident.

    This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.


  2. I agree with Attorney Blain. Contact your insurance company and find out what the status of the claim is.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. Yes. Don't forget that if you were injured, you would want to retain a personal injury lawyer to pursue a claim for your pain & suffering, etc. Find a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer. Good luck to you.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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