If my vehicle was hit by a drunk driver, how do I recover my deductible?

UPDATED: Sep 30, 2022

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If my vehicle was hit by a drunk driver, how do I recover my deductible?

The car was insured, however the driver was an excluded driver, therefore their insurer is denying the claim. My insurer paid but took out my $1000 deductible. How do I recover this? I’m assuming since the owner was covered on the vehicle my uninsured motorist does not kick in and that is why I had to pay. Now what do I do to recover that money?

Asked on December 17, 2015 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the at-fault drunk driver and the car's owner (assuming that he or she let the drunk borrow/drive the car; if the drunk stole the car, without permission the owner would not be liable) for the money. An at-fault driver, and the person who let him/her drive, is liable for the losses or costs caused by the at-fault driver. For $1,000, suing in small claims court, acting as your own attorney, is likely a good option.

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