Legal Question in Personal Injury in Ohio

I was recently in a car accident.The woman that hit me didnt have insurace.Today I met with the insurace adjuster and quoted the damage at $1318.47.The adjust wrote me a check for $818.47,and are now going after the woman for my $500 deductible.I was wondering if I am able to get the woman for the total damage to the car and my $500 deductible or am I only able to go after her for the check of $818.47?


Asked on 5/23/11, 5:00 pm

1 Answer from Attorneys
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Your insurance company is now entitled to recover the $818.47 that they paid you. That is now their claim as they are subrogated to your interests. The $500.00 deductible that your insurance company indicated that they are pursuing on your behalf is your claim. Your insurance company does not have a legal obligation to pursue the other person to collect your deductible. If they collect the deductible for you great but that is the only amount that you can pursue on your own. Pursuing her for this amount is likely to take you to small claims court however you should make sure that you do not take any action that might prejudice the insurance company's right to collect the $818.47 that they paid you. I hope this helps.

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Answered on 5/24/11, 3:02 pm


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