If my vehicle was hit by a drunk driver, how do I recover my deductible?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my vehicle was hit by a drunk driver, how do I recover my deductible?

The car was insured, however the driver was an excluded driver, therefore their insurer is denying the claim. My insurer paid but took out my $1000 deductible. How do I recover this? I’m assuming since the owner was covered on the vehicle my uninsured motorist does not kick in and that is why I had to pay. Now what do I do to recover that money?

Asked on December 17, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the at-fault drunk driver and the car's owner (assuming that he or she let the drunk borrow/drive the car; if the drunk stole the car, without permission the owner would not be liable) for the money. An at-fault driver, and the person who let him/her drive, is liable for the losses or costs caused by the at-fault driver. For $1,000, suing in small claims court, acting as your own attorney, is likely a good option.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption