How much doI owe as restitution for property damage if most of it was covered by insurance?
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How much doI owe as restitution for property damage if most of it was covered by insurance?
I damaged my ex-friends car and of course I want to pay for the damages. I know that they used their insurance policy to get the damage fixed so my thought is that I only owe them for what they paid out-of-pocket and that is the deductible. My dispute is with the person not the insurance company. So my question is, if now that the car is fixed will I have to pay anything more than what it cost my friend for the deductible? I don’t feel that I need to pay the insurance company. That is what we pay insurance for.
Asked on August 9, 2010 under Bankruptcy Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, your feelings in the matter do not control. If you were at fault in damaging your friend's car, then the insurer may legally sue you to recovery what it paid out to tyour friend. If you were not at fault--e.g..you were not careless or negligent, such as by driving DUI, not paying attention while driving, speeding, etc.--then you would not have to reimburse the insurer; but if you were at fault, they could sue you to recover their payments out to your friend the same way your friend could sue you if he did not have insurance. Also note that you friend could, if he chose and you don't pay voluntarily, sue you for the deductible and and any other out-of-pocket costs not covered by insurance.
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