If you use your own insurance after a car accident to cover vehicle repairs, medical bills, or other damages, you can get paid quite quickly. These coverages are typically no-fault coverages that pay you regardless of who injured you, requiring a deductible payment. But if someone else caused your accident, you can usually try to get that deductible back.
If you are able, you can file a claim against the at-fault driver and their insurance, even after you use your own insurance. The at-fault driver can then be made to pay the rest of your outstanding damages. At that rate, the only thing left unpaid might be your deductible, in which case you do get that back. But there are other damages you can claim and other insurance issues to consider.
Call our Boston car accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407 for a free case evaluation.
Do I Get My Deductible Back After a Car Accident?
If you have a case that you can file against the at-fault driver, then you can get paid for any damages you faced in the accident. In no-fault states, you may need to satisfy a “serious injury” threshold with a certain qualifying injury first before you can sue them or file a claim against them. However, once you do, you can get paid for any outstanding damages, including deductibles.
If you didn’t have first-party benefits from your own insurance, you would get all medical bills, lost wages, vehicle repairs, and other damages from the defendant.
Your insurance already covered a lot, but anything left over can be claimed against the at-fault driver.
Suing for Remaining Damages After Using Your Insurance
Your insurance may cover a lot, but it won’t cover everything. Deductibles are a good example of this.
Even if your insurance paid up to full policy limits and covered your vehicle repairs and medical expenses, they still took your deductible. The only way to recover that is in a claim against the at-fault driver.
Your own insurance usually does not cover pain and suffering, and it probably leaves off a certain percentage of lost earnings. You can also recover these damages against the at-fault driver in a lawsuit or third-party insurance claim, along with your unreimbursed deductible.
Can I Sue if I Already Settled with My Insurance?
When you file a claim with your own insurance policy, that usually is not a true “settlement.” You may have settled any potential claim against your own insurance, but that does not count as a settlement with the at-fault driver.
You can usually accept money from your insurance without worrying about blocking yourself from additional damages from the at-fault driver. However, you should really work with a lawyer and have them review any papers or checks before you sign anything or accept any money.
Many cases are confusing, especially with large, nationwide insurance chains. You might have the same insurance company as the driver who hit you, and you need to be doubly sure you are accepting money from your policy and not theirs.
If you do accept money from the defendant’s policy, that could function as a settlement that bars you from getting any additional money later.
What is a Subrogation Claim?
If you and the at-fault driver each have a policy that covers you after an accident, you cannot get reimbursed twice. Your insurance policy might cover certain amounts before you can reach beyond that to the defendant’s policy, but when their insurance pays you a second time, you can’t keep it all.
To prevent this, your insurance company is allowed to claim back anything they already paid you when you file a case against the at-fault driver. This is known as a “subrogation claim.”
Under this system, your insurance policy might cover your medical bills, and then you sue the at-fault driver. When the at-fault driver pays you again, they pay the full value. You then have to give back any double payment to your insurance company, keeping any extra to cover your pain and suffering, deductible, etc.
Why Did My Insurance Company Pay Back My Deductible?
Many subrogation claims happen after you already got paid through your own insurance. Your case essentially ends, with just your deductible left unpaid. Then, your insurance company files a claim against the at-fault driver to claw back the money they spent, and you get your deductible plus any extra without having to sue for it.
Often, if you get a check in the mail from your insurance company a few weeks or months after your claim was paid, it is from this kind of subrogation claim.
Why is My Insurance Company Suing Me?
Other times, especially if you file a separate lawsuit against the at-fault driver, your insurance company will either try to join the lawsuit or sue you later to get back the money that should have gone to them in subrogation.
Our Marshfield, MA car accident lawyers are always on the lookout for subrogation claims or any complications that might stop you from getting your damages. In some cases, it might even be best to skip using your own insurance at the beginning and just wait for the defendant to pay you.
In either case, we can talk to your insurance company and the defendant’s insurance company for you so that you do not have to figure all this out on your own.
Should I Sign a Settlement?
If the at-fault driver’s insurance contacts you after your insurance company already paid your claim, do not sign anything or give away any rights. Especially if you are represented by your own lawyer, the insurance companies should contact them, not you.
However, if they contact you anyway, they are usually hoping you will sign away any further claims. Signing anything saying you agree to stop your claim or that you have no further damages might hurt your ability to get your deductible reimbursed, so definitely check with a lawyer before signing.
Call Our Car Accident Attorneys Today
If you need help with a car accident claim or damages, call (617) 925-6407 for a free case evaluation with the Law Office of John J. Sheehan’s car accident attorneys.