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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption