If I was involved in a car accident and the insurer of the person at-fault is not taking liability for the damages, can I sue the at-fault partydirectly?

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If I was involved in a car accident and the insurer of the person at-fault is not taking liability for the damages, can I sue the at-fault partydirectly?

It was a 4 car accident no injuries. I am not at fault. The insurance of the person at fault (she got a ticket) says that the accident was caused by a ghost car, so they are no assuming liability. I know my insurance is going to go after her insurance, but I was wondering if I can go after her. After all since I am using my insurance to fix my car, I have to pay my deductible and I want recovery

Asked on December 14, 2011 under Accident Law, Florida

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

You can make a claim for the damage to your vehicle against the other driver that has not been covered by insurance.  Typically, the insurance companies may hold back your deductible until fault is determined, and once you are determined not at fault, you will receive a check for the deductible. 

if you are responsible out of pocket for the deductible, you can make a claim against the other driver for the amount of the deductible.  This can probably be done in small claims court, since it will be a low amount.


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