Expert: Bennie719 - 4/4/2008

Question
Hi Bennie, my husband was recently in a hit and run where the other driver was at fault and left the scene.  My husband followed the car and was able to get his plate # and found the car is registered out of state and it was a rent a car.  The man that hit him does live here in Michigan and went to court and plead guilty.  His only fine was $100 and nothing else was asked or said.  Meanwhile we have a $500 deductible and would like to file a mini tort but the rental insurance company is avoiding our calls as well as our insurance agent.  I guess my question is who is responsible for paying this money?  Are rental insurance companies responsible for reckless drivers or should I just sue the driver himself?  My husband has a witness but would it be necessary if he already plead guilty?

Answer
Hi Kim,
If you had your own insurance company repair your car, they should be in the process of subrogating for the recovery of the amount that they paid plus your deductible.  They will return your deductible as soon as they recover.
If you have not yet had your car repaired, you should make a report to the claims department, have your car repaired and they will then subrograte and return your deductible.
I hope this has been of help.
Your rating of my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area