What can I do if my vehicle was totaled and my husband told the person responsible for the accident not to worry about the deductible but I want it?

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What can I do if my vehicle was totaled and my husband told the person responsible for the accident not to worry about the deductible but I want it?

My name is the only name on the vehicle. I told him that he needs to reimburse me the amount for the deductible but refuses to do so. Can I file a claim with the court? And, if so, what are my chances for collecting?

Asked on November 29, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Yes, you can sue the at-fault driver (see below) for any out-of-pocket losses, like your deductible; you do not need your husband's consent if the vehicle is in your name.

2) You would win IF a) the other driver was at-fault (e.g. driving carelessly, such as speeding, texting while driving, changing lanes without looking, etc.) in causing the accident and b) you can prove this in court.


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