Q: My car was hit by another, his carrier refused to pay damages. Is Small Claims my best option to recover my deductible?
The evidence clearly indicates the other driver's fault; in fact, my agent suggested that was true in an email. Since the other driver's insurance refused my claim, I had to go through my own insurance, which required a $500 deductible. I'd like to recover that. Is Small Claims Court my best option? If so, can I also recover any related costs, or even punitive damages? And how do I go about filing a claim in Small Claims Court, if that's the best route?
A: You cannot just go and sue to recover your deductible. You took money from your insurance company. It also has a right to recover from the at fault driver. You each own a piece of the same claim, and it has to be presented in the same lawsuit. You need permission from your insurer to pursue the other driver in Small Claims. If you do not get it, you will be in breach of your contractual obligations to your insurer because you will have interfered with its rights to recover. It can then sue you to recover what it paid you. Tread carefully.
A:
MORE INFO NEEDED.
SMALL CLAIMS WOULD PROBABLY BE THE AVENUE TO PURSUE.
MAKE AN APPT WITH A PI LAWYER TO REVIEW FACTS. MAYBE THERE IS A BAD FAITH ACTION THAT CAN BE APPLIED TO THEIR FAILURE TO ACT REASONABLY.
REMEMBER BOTH YOU AND YOUR INS CO HAVE A RIGHT TO PURSUE. MAYBE, THEY THROUGH THEIR ATTORNEY, WILL GO AFTER THE OTHER CARRIER AND TRY TO COLLECT YOUR MONEY TOO.
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