Legal Question in Insurance Law in Delaware

Should I Pay?

I was recently involved in an accident were I was not at fault. A man ran across the highway on foot and ran right out into the front of my truck. The police said it was his fault since there was no crosswalk anywhere around. Now my insurance says I have to pay my $500 deductible. Shouldn't he have to pay that. I know there is no insurance company to charge on his end because he was not in a vehicle, but my insurance says for me to pay it so he won't try to sew me. What should I do?

Asked on 8/16/06, 11:09 pm

1 Answer from Attorneys

Bruce W. McCullough Bodell, Bove', Grace & Van Horn. P.C.

Re: Should I Pay?

I assume your $500 deductible is for repairs to your own vehicle. The pedestrian would not have an auto policy to cover this (assuming the other person's insurance company even would admit responsibility at this early stage). If you pay the deductible and do not sue the pedestrian for that amount, you decrease the chance that he will sue you for personal injuries. There is no guarantee, however, that he will not sue you anyway and he has two years from the date of accident to do so.

This is general information for discussion purposes. Please feel free to contact me if you want to discuss forming an attorney-client relationship.

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Answered on 8/21/06, 10:05 am

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