Can someone sue you for their car insurance deductible?

UPDATED: Mar 5, 2012

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Can someone sue you for their car insurance deductible?

I got in an accident 6 months ago; we went through insurance. His insurance paid him $13,000 which they are now requesting that I pay. He is also suing me in smalls claims court for his $1500 deductible. I was under the impression that it is the responsibility of the insured to pay their own deductible. Can he legally sue me for this?

Asked on March 5, 2012 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are at fault in causeing an accident, which typically means that you were driving negligently, or carelessly (e.g. speeding or going too fast for conditions; talking on a handset phone or texting while driving; DUI/DWI; simply driving reckless; going through stop signs or lights; etc.), then you are responsible for any and all out-of-pocket, or unreimbursed, costs or losses you cause. The deductible is one such out-of-pocket cost--it is the amount not otherwise reimbursed by insurance. So the other driver may sue you, if he feels you were at fault; and if you were at fault and he can prove that, you will likely have to pay.

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