Auto Insurance Claims: why pay deductible? Uninsured motorist coverage, uninsured motorist coverage, small claims court

Question
I was hit by a vehicle driven by a female that was "Excluded" for the family member insurance policy (Baltimore--MD).  My insurance company called me that the other insurance company denied to pay because the lady was not on the policy. So the claim belongs to Uninsured motorist coverage and I was asked to pay $250 deductible. that was stupid and un-acceptable! it was not my fault and it brought me a lot of trouble, what's more, I should pay $250!!!

Will my insurance company sue and should I sue that driver to ask back the deductible? Whether it is possible to get the money back? I am angry that this lady drove without insurance!!! She had the insurance card as if she did have insurance.

Answer
Wayne,

Did the woman own another vehicle with insurance coverage on it? There may be available coverage out there from some other source. If not, you can ask your insurance company to waive your deductible since you were not at fault (they rarely do). If not, your insurance company may sue to get you back the deductible but you will have to ask them. Otherwise, you can sue in small claims court for the deductible you lost (and likely get back any costs incurred in the litigation-filing fees, service of process fees, etc..)

Best of Luck.

Marc B. Nussbaum, Esquire