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Question for the Money Doctors

Question submitted on Dec 20, 2016.

Question

can I go to small claims court to sue for the deductible I have to pay my insurance co. The other party was charged with the accident but have no insurance. I have uninsured motorist but have to pay a deductible.

Answer

I am not a lawyer and cannot provide legal advice.   You should consult an attorney for legal advice.

When you have an insurance policy, there is a co-pay or deductible whenever you make a claim.   The insurance policy will pay no matter who is at fault.    

You can certainly file a claim in small claims court to get reimbursed for your out of pocket costs caused by the other party.  You need to be aware of the limits in small claims court.   You also need to be prepared to have evidence and proof of your loss.   However, there is no guarantee you will get paid.


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