If I was recently involved in an accident where the other driver was found to be at fault, are they responsible to reimburse me for my deductible?

UPDATED: Jan 3, 2014

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If I was recently involved in an accident where the other driver was found to be at fault, are they responsible to reimburse me for my deductible?

My insurance is covering most of the medical and gave me a check for my vehicle minus the deductible. They said I will get the deductible back from the other insurance company. However. I was told that my medical deductible will not be taken care of by the other driver’s insurance because my state is a no-fault state. I think this is absolutely ridiculous and do not feel that I should be responsible for paying anything out of pocket since the other driver hit and injured me. Also, I got the impression from my insurance that I was going to have a hard time getting the medical bills covered from them because I had passengers in my car and they do not have coverage.

Asked on January 3, 2014 under Accident Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written about your option is to sue the other driver for the medical deductible in small claims court and see what the outcome is. You can contact your local legal aid clinic or an attorney with experience in small claims matter to assist you. One can be found on attorneypages.com.

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