How can I make an at-fault driver pay my deductible?

I got into an accident and it was the other driver's fault. They are refusing to pay for my insurance deductible and told me that my attorney needs to contact her for anything further. How can I make them pay? Should I move forward with legal action?

Answer
“If you haven’t done this already, you need to contact your car insurance company directly. After accidents or claims, the insurance carriers involved should be handling everything, not the drivers.
Since the other driver was at-fault, their insurance company is responsible for any damage to your vehicle. You shouldn’t be required to pay your deductible. If you do, their insurance should reimburse you for it.
Having valid insurance means that you are protected in situations like this. Your insurance company will also handle any legal proceedings, if necessary. You should not move forward with legal action until you’ve been advised to do so. “
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Emily Maracle
Answered on Apr 21, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
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