Q: Car accident caused by rear-ended
What should be done if you were rear-ended and both parties supposedly had the same insurance company? Now the defendant was not covered at the time of the accident and the insurance company wants you to pay the deductible to get the vehicle fixed. I was not at fault, why should I have to pay out of pocket?
A: If the other vehicle was not covered at the time of the accident, you can sue him personally for your damage or make a claim through your insurance company. Yes, you will have to pay the deductible. But once your insurance company fixes your car, they will go after the other driver for reimbursement. If they collect 100% of the loss, you get back your deductible. For you to sue the other party personally could result in a judgement that you may never collect. You paid for collision coverage just for this very reason. I would use it.
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