I was involved in a car accident over a month ago…Can I sue the driver for my deductible

UPDATED: Sep 30, 2022

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I was involved in a car accident over a month ago…Can I sue the driver for my deductible

I was involved in a minor car accident where I was hit by a vehicle. The driver admitted fault to my insurance company and to me. He would not give up insurance information he just wanted to pay out of pocket which I didn’t feel comfortable doing. My insurance company could not get the information out of him so they are pursuing him as an uninsured driver. Can I sue him for my out deductible since that would be and out of pocket expense due to him not giving up the information.

Asked on July 27, 2016 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can. Someone injured or whose property (e.g., car) is damaged by another due to that other's fault (e.g., negligence, or driving carelessly) can sue the at-fault person for any  out-of-pocket (not paid by insurance) losses or costs, such as an insurance deductible. For the typically sized deductible, suing in small claims court, on a "pro se" (as your own attorney) basis to save on legal fees is an excellent option.

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