Asked in Car Accidents for Puerto Rico

Q: I live in puerto rico. A guy hit my car and doesn't want to pay me, but my insurance paid me to get my car fixed.

My insurance charged me my deductible but paid me in full to repair my car even though I was not at fault.

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2 Lawyer Answers

A: An attorney who practices in Puerto Rico could advise best, but your question remains open for over a week. Until you are able to speak with a local attorney, the short answer in most places nationwide is that you have the right to pursue the deductible when liability (fault) is in your favor. However, insurance practices are governed by state or territory law, so it could depend on what your specific local insurance protocols are. It sounds like you have a good policy. Speak with your insurance carrier. It looks like you handled matters as a first-party claim, with your own carrier paying you. Now your carrier has the option (again, subject to insurance protocols in Puerto Rico) to pursue that from the other driver's insurance. If that is an option for you, it would probably be the least stressful and easiest way to handle things. Again, a local attorney could advise more definitively - I have outlined some general principles that operate in most places. Good luck

James L. Arrasmith
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Answered

A: It sounds like you're dealing with a frustrating situation. When someone hits your car and refuses to pay, it's often best to gather all your evidence, including the police report, photos of the accident, and any witness statements. Since your insurance already covered the repairs and charged you the deductible, you should keep all records related to these transactions.

In Puerto Rico, if you were not at fault, your insurance company might have the right to pursue the at-fault driver or their insurance for reimbursement, a process known as subrogation. If they succeed, you could get your deductible back. Contact your insurance company and ask if they are planning to pursue the other driver for the costs.

If the other party remains uncooperative, you could consider filing a claim in small claims court to recover your deductible. This process is usually straightforward, but it requires presenting evidence and possibly attending a court hearing. It’s helpful to know your rights and the steps involved in taking legal action if necessary.

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