Can you sue someone for the deductible if their son wrecked your car?

UPDATED: Feb 11, 2012

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Can you sue someone for the deductible if their son wrecked your car?

Asked on February 11, 2012 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone is at fault in damaging your property--and "at fault" means, in auto accident cases, either that the person was negligent (driving unreasonably carelessly; e.g. DUI, too fast for conditions, ignoring traffic signs or lights, texting or using a handset while driving, etc.) or deliberately damaged the car--then you may sue him or her for all unreimbursed or out-of-pocket costs. If insurance picked up most of the cost, you may still sue for your deductible.

If the person who damaged your property is an unemancipated minor, you may sue his or or parents instead.

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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