my car was totaled.my insurance deducted the deductible from my fair market value. can i get this from the at fault drivers insurance?

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my car was totaled.my insurance deducted the deductible from my fair market value. can i get this from the at fault drivers insurance?

Asked on June 22, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, your insurer will "subrogate against" or make a legal demand for the money back from the at-fault driver's insurance including the deductible, and, when they get it back, they will reimburse you.  Check with the adjuster who handled your claim and find out what their procedure is and if they will reimburse you.  If not, if they only demand what they paid out, then yes, you can ask them for your deductible.


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