What to do if an insurer is trying to tell me that I have to pay for out of pocket expenses for their at fault driver who hit my vehicle?

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What to do if an insurer is trying to tell me that I have to pay for out of pocket expenses for their at fault driver who hit my vehicle?

My issue is that U was involved in a hit and run but found who hit me and confronted them. We exchanged insurance information and his insurance company has my vehicle. The insurer then called me to tell me the estimate and how long it will take them to fix my car. It also stated to me that I have to pay out of pocket expences for his fault accident. I feel that I should not and will not pay for something someone else broke of mine. What should I do?

Asked on August 9, 2012 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you feel that the other driver was at fault and should pay all your expenses, including your out-of-pocket expenses, you have the right to sue the other driver (his insurer will then step in to defend him) for the money. If he was at fault, he should be liable for any expenses directly caused by the damage he did to your car, like towing, renting a car while your car is in the shop  (or the cost of public transporation), etc. The only way to recover sums they will not pay voluntarily is to sue and win.


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