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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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).


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