Your Right to Recover Your Property Damage Deductible

Question: 
My car was hit by an uninsured driver. My insurance company paid for the damage to my car, but I am still out my $250.00 deductible. Do I have any rights?

Answer: 
Yes. If the other driver was at fault, your insurance company must bring an action against the other driver to collect your deductible. Your insurance company is required to do this within 12 months after paying your claim. If it does not, then your insurance company must pay you the amount of the deductible.

There is an exception to this law — if your insurance company properly notifies you of its decision not to pursue collection, it does not have to pay your deductible. It must notify you in writing of its decision and it must authorize you to bring your own action against the other driver.

Free Consultation

You have nothing to lose by letting our attorneys advise you of your options. For a free, immediate attorney review of your case, contact us using the form below or call us at (903) 597-6000.

Contact Us
icon icon icon

From one former client:
"I am so happy to have chosen the best law firm around. The staff is amazing in handling your questions promptly. I hope I don't ever need them again, but if I do, there is no question I will be back. Thank y'all so much for helping me." - Heather N.