What can I do if I was rear-ended but now Im being forced to pay my deductible?

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What can I do if I was rear-ended but now Im being forced to pay my deductible?

A few days ago, a car pulled out in front of me. I honked and switched lanes to avoid collision. At the next light, i was turning left and the gentleman who

pulled out in front of me started to move toward my car, acting like he was going to hit it and intimidate me. He then turned from thr non turn lane, following me into the parking lot I was entering. He almost hit the side of my car as we turned. I breaked to turn into the first row of parking spots and he rear-ended me. He then started to flee but stopped when he realized that I had his plate number. We exchanged insurance info and went on our way. His insurance is now blaming me since I breaked and my insurance is forcing me to pay deductible. Would I have any case if I file a claim against the other driver?

Asked on June 7, 2018 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The rear driver in a rear-ending collision is almost always (90%+ of the time) considered to be at fault. So you could sue him for any costs or amounts not paid by your insurance, such as your deductible, with a reasonable or even good chance of winning. Suing in small claims court as your own attorney, is a fast, cost-effective, and simple way to proceed.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The rear driver in a rear-ending collision is almost always (90%+ of the time) considered to be at fault. So you could sue him for any costs or amounts not paid by your insurance, such as your deductible, with a reasonable or even good chance of winning. Suing in small claims court as your own attorney, is a fast, cost-effective, and simple way to proceed.


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