What are my parents’ rights if they were involved in a minor car accident?

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What are my parents’ rights if they were involved in a minor car accident?

The accident was not their fault. My mother went to the ER to be checked out. Their insurance said they will pay the medical bills but my parents will have to pay the deductible. Why? They did nothing wrong.

Asked on April 24, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They have to pay the deductible because that's what the insurance policy, which is a contract, says. Look at it this way: they could potentially have bought insurane with a smaller deductible, but the policy would have cost more per year; therefore, the amount of deductible they will have to pay is related to the cost per year they've been paying for insurance.

If there was another driver involved and your parents think he or she was at fault, they have the option of suing him or her to recover any costs, losses, or amounts not paid by insurane--such as the deductible. (They could sue in small  claims court for lesser amounts, acting as their own attorney.)


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