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Can I sue a person for my deductible in an accident if it was their fault? I got into a car accident and both myself and the

Chicago, IL |

other driver are insured. I hav full coverage n she only has liability. I have a claim with both my ins and hers. I already went to get it appraised by both ins companies. My company already approved claim but hers hasn't because she hasn't turned in the paperwork they need. Called her directly and she claimed she lost the letter her ins sent her but that she just had sent it the 2nd notice. I waited a week, called her ins back and same thing she hasn't turned in paperwork. It's over 2 months and she doesn't answer me no more. I don't want to pay 500 deductible to fix something that was her fault. Any opinions or suggestions on what to do?

Attorney Answers 4

  1. If your insurance company fixes your car, they will go through arbitration and normally get you your deduct. back. It will take a few months to complete usually.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

  2. Your insurance company will file a subrogation claim against the other driver. This allows your insurance company to recover the money it paid out for your damages. In addition to the money it will seek to collect, your insurance company will also seek the amount of your deductible. If the insurance company recovers, it will reimburse you for the amount you were out of pocket (the $500 deductible).

    Please note that this is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in Illinois.

    Visit our website at for more information about our law firm and services. If you found this post useful, please remember to vote it up. Thank you.

  3. I am licensed in Nevada, but this answer should apply in Illinois as well.

    While your insurer may go after the other driver or her insurance for your money while they seek subrogation from them, they are under no duty to do so. If you choose to use your insurance, ask the adjuster handling the case whether or not they will assist you in getting your deductible back.

    The other driver's insurance has a duty to investigate claims made against their insureds. If you have a police report, you can forward a copy of that to her insurance company as evidence that she is at fault for the accident. I would not give a statement to the other driver's insurance without an attorney to help you - especially if you were injured in the accident.

    You have the option of filing suit against the other driver as well. If your damages are less than $10,000.00, you can file in Small Claims Court. You can find information regarding Cook County, Illinois Small Claims Court at However, if you have an injury claim, you MUST prosecute both claims together. In other words, if you sue for the property damage then, after that suit is finished, sue for personal injuries, your second suit could be dismissed on technical rules. This is one reason to speak to an experienced personal injury lawyer if you were injured as a result of the accident.

    Hope this helps.

    /s Donald Kudler

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.

  4. If you plan to seek or secure payment from the other drvier for your deductible, be sure to get your insurer's consent to do so in writing. They may not agree to this and you do not want to jeoparidize your own coverage. If your insurer determines it was the other driver's fault and the other insurer will not pay, your insurer can pursue subrogation and claim your deductible in doing so. be awwre that your insurer may only refund to you a "pro-rated" portion of your deductible if they recover less than 100% of their payout...which is what typically occurrs.

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