Will my insurance company go after an insured driver to pay for the damages to my car?
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Will my insurance company go after an insured driver to pay for the damages to my car?
Last year I was involved in a car accident while I was 7 months pregnant. The other person
sued me for damages to their car. My insurance company settled out of court. My car wasn’t repaired though. I was not found to be at fault.
Asked on April 1, 2016 under Accident Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your insurer will pay for the damages to your car IF you had collision insurance (not just liability; liability protects other drivers from you--and therefore protects you from having to personally pay out if you injure someone or damage their property, since the insurer pays for you) and does not cover your own car. If you have collision and they won't pay, you can sue your insurer for breach of contract--for violating its contracual obligation to pay for your loss (an insurance policy is a contract).
If you don't have collision coverage, your own insurer will not pay for you, and will not sue the other driver on your behalf. You have the right to personally sue the other driver if you think he or she was at fault; if you can prove that they were at fault in causing the accident, you can recover your property (i.e. car) damage, any medical costs, any lost wages, and, if you suffered significant long-lasting life impairment or disability, some amount for "pain and suffering." But the key is, you must prove they were at fault; if you can't prove that, you won't get money.
Some accidents have no one at fault: the accident happened even though neither driver was driving careless or negligently.
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