Home » Personal Injury: Frequently Asked Questions » Your Right to Recover Your Property Damage Deductible

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.