am I responsible for paying the deductible?

UPDATED: Sep 30, 2022

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am I responsible for paying the deductible?

I’m in my yard and I accidentally
backed into my sister’s car. She
want me to pay her insurance
deductible 500.00. But she said
the damage is 200-250.00. The
insurance company have already sent
a check for 700.00 plus. What is

Asked on June 3, 2016 under Accident Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, since you were at fault (if you hit a stationary object, it is your fault), you have to pay any amounts or costs not covered by the insurance, like a deductible. You could refuse to pay until and unless she provides proof that she had some unreimbursed loss: i.e. she could show you invoices for repairs and the insurance check, so you could see if she had any costs or losses which were not paid. If she did not--if the insurer paid her an amount equal to or greater than her repair cost, then since she has already been paid in full, you should not owe her anything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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