Will my insurance company go after an insured driver to pay for the damages to my car?

UPDATED: Sep 30, 2022

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Will my insurance company go after an insured driver to pay for the damages to my car?

Last year I was involved in a car accident while I was 7 months pregnant. The other person

sued me for damages to their car. My insurance company settled out of court. My car wasn’t repaired though. I was not found to be at fault.

Asked on April 1, 2016 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your insurer will pay for the damages to your car IF you had collision insurance (not just liability; liability protects other drivers from you--and therefore protects you from having to personally pay out if you injure someone or damage their property, since the insurer pays for you) and does not cover your own car. If you have collision and they won't pay, you can sue your insurer for breach of contract--for violating its contracual obligation to pay for your loss (an insurance policy is a contract).
If you don't have collision coverage, your own insurer will not pay for you, and will not sue the other driver on your behalf. You have the right to personally sue the other driver if you think he or she was at fault; if you can prove that they were at fault in causing the accident, you can recover your property (i.e. car) damage, any medical costs, any lost wages, and, if you suffered significant long-lasting life impairment or disability, some amount for "pain and suffering." But the key is, you must prove they were at fault; if you can't prove that, you won't get money.
Some accidents have no one at fault: the accident happened even though neither driver was driving careless or negligently.

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.

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