Do I have legal grounds to sue for a deductible payment?

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Do I have legal grounds to sue for a deductible payment?

I had an accident with a guy who failed to stop at a stop sign. My car was

struck on the passenger’s side, creating considerable damage. The impact of the collision between the 2 cars caused my car to to slide in the opposite lane

where oncoming traffic was approaching. I attempted to back up out of the lane and stuck a pole causing damage to the back of my car. The insurance company found him liable for the front damage but found me liable for the rear,

therefore, I had to pay the required $500 deductible before I could retrieve

much car from the repair shop. I have tried contacting the man responsible for

the accident, however he will not return my phone calls. I believe he should be

responsible for paying the deductible, since he is the one that caused the

crash in the first place. Do I have enough legal grounds to take him to small claims court in order to get my $500 back?

Asked on September 19, 2018 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, you would most likely not win on the $500 for the rear damage. Had the collision itself forced your car into the pole, you would; but since you "attempted to back up . . . and struck a pole," from a legal point of view, it was not his fault. Rather, the fact that you car came to rest and then you moved it makes the resulting collision with a stationary object (the pole) your fault, not his. Since your actions intervene and break the chain of causation from the collision, he is not liable for the rear damage.


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