Can I get my money back regarding repairs to my car?

UPDATED: Oct 2, 2022

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Can I get my money back regarding repairs to my car?

I was ran into by a construction pick up truck, front driver door. The guy was at fault and the police report

saids he is at fault. His insurance told me they want to only take 50% liability. So I filed claim with my

insurance. My deductible is $1000. My substandard insurance totally low balled my estimate to $1,150; I

got another estimate which was $5,500. My insurer told me that I can only go to repair shop they are contracted with or I will be paying the difference in rate which is $4350. So basically they only paying $150. Well a friend of mine said to order the door and he will put it on for cheap. Can I get the money back that I paid for door and for labor? From other insurance company and how?

Asked on October 22, 2019 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't get the money from the other driver's insurance--not directly--since they do not have any obligation to you (you are not their insurered; they do not have a contract with you). You go after the at-fault driver: you sue the driver and prove his fault in court. That will result in a judgment against him which his insurer should then pay on his behalf. (They may even offer to settle once you file the case, before going to court.) You could potentially recover from the other driver/his insurer the amount of your loss (i.e. the actual repair cost) less any amounts that were in fact paid by your insurer (since you cannot "double dip" or be paid the same amount twice).

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 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.

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