What, if any, legal rights do I have to get reimbursed my $500 deductible if I was hit by a drunk driver?

There were officers tending to another incident who witnessed the accident and told me I was not at fault. I had to pay my deductible to have my car fixed and my insurance company told me I’d have to recover it from the other driver’s insurance(premier insurance). That company claims they are not the “actual” insurance company and that I would have to find out the “actual” company and refused to look the drunk driver’s name up. I obtained the other druver’s number through a police report, but they wouldn’t tell me their insurance company and now won’t answer their phone.

Asked on December 1, 2012 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your only way to recover the $500 if the at-fault driver will not voluntarily pay or divulge his insurer (who, by the way, could refuse to pay anyway, putting you back in the same spot) is to sue the at-fault driver. The most cost effective way to do this is to sue him in small claims court, where you could act as your own attorney (no legal fees), filing costs are low, and cases move comparatively quickly.


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