If my car was hit from behind and I want the at fault-driver’s insurer to pay my deductible, how do I do this?

UPDATED: Aug 24, 2011

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If my car was hit from behind and I want the at fault-driver’s insurer to pay my deductible, how do I do this?

I was stopped at a red light 6 days ago when a man hit me from behind because he didn’t realize we were stopped. I had the EMT there to check out my 2 children and myself cause me and my older child hit our heads on the back of the seat pretty hard. I brought my son to his doctor and I went to the ER like my doctor told me to do. I got some pain meds and stuff. I have a $500 deductible for my car repairs and $200 each for me and my son’s medical bills. Should I get a personal injury lawyer or can I contact the other guy’s insurer to ask for the $900.

Asked on August 24, 2011 New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can contact the other party's insurer to pay the amount, and they might, if they believe that their person was at fault (which it seems, from what you write, was the case) and that you would likely take some action (e.g. sue) if they don't pay voluntarily. Of course, you need to know the other party's insurer to contact them, and the other party is not obligated to tell you unless you sue. Which brings up the other option (which is something you can do instead of contacting the insurer, or after contacting it, if it won't pay)--you can sue the other driver for  the money, and his insurer would then step in to defend and/or pay. For $900, you're probably better off representing yourself  than retaining a lawyer--an attorney would contact you more than you could recover. Good luck.

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