by Guest » Fri Aug 31, 2012 12:30 pm
The other person was at-fault in the accident. I had to pay the deductible as well as for the replacement rental out of my pocket, since I had to claim against my policy to get my car fixed as soon as possible. How much can I claim from the at-fault driver's policy?
Posted: Fri Aug 31, 2012 12:46 pm Post Subject:
It sounds to me as if your insurance carrier has already paid for your collision damages. Generally, when this occurs, you give up the right to seek those same collision damages from the at fault party. Instead, your insurance carrier acquires that right to pursue the at fault party. Essentially, insurance policies contain a "subrogation" provision that transfers the rights of recovery to your carrier for any amount they pay. You are still permitted to recover from the at fault party any amount that was not covered by your carrier (e.g. Deductible, out of pocket rental, sometimes depreciation if the car wasn't totaled)
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