Legal Question in Insurance Law in Wisconsin

Is person who is listed on automobile insurance policy that damages windshield, below amount of $500 deductible, supposed to pay for the damage?


Asked on 4/08/19, 4:46 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, but you first need permission from your auto insurance to collect directly from the at fault party to collect your deductible. That's because your settlement with your own insurance assigns all collection rights against the guilty party to your insurer, i.e., they own the claim now. Most insurers would let you keep what you can collect, but that is far from automatic. If your insurer then tries to collect from him on subrogation, the person at fault might end up paying twice, once to you and once to your insurer, unless you straighten this out in advance.

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Answered on 4/09/19, 8:04 am


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