Can I sue the driver and get the cost of my deductible?

Yes.

You should demand that your insurance company reimburse you the deductible and get it from the other guys carrier. Ordinarily your carrier would go after the other carrier to get reimbursed what they paid for your car and this would include your deductible.

You can certainly sue the driver. If the driver does not cooperate with her carrier they may deny her coverage so you may be stuck trying to collect your judgment from the pocketbook of the driver.

The short answer to your question, "can I sue the driver and get the costs of my deductible," is yes you can sue the driver who is at fault, and caused damage to your property, i.e. your car. However, a law suit against this driver will require a lot of time and expense on your part. There may be a better way about going in getting your deductible back. First off, find out if you have underinsured motorist property damage listed as one of your options under your policy. Assuming this is the case your deductible typically is less than your normal collision coverage. This will help you offset the out of pocket expense to you directly. It appears that by not cooperating with her own insurance company the other driver risks being denied any coverage. That being said suddenly she will become uninsured. This allows you to utilize this portion of your policy. Pay the deductible, cooperate with your insurance company, have them inspect your vehicle, they will write an estimate, pay your deductible to the auto body shop and get your car repaired. This will trigger a subrogation interest for your insurance company and yourself. As an exclaims representative, I frequently contacted the state of Washington informing them of drivers who did not have insurance. Typically these folks would also not pay back the amounts paid by the insurance company I worked for. The state of Washington used not to reissue licenses as a result of these reporting's. Hence when your defendant in this case does not pay back your insurance company for monies spent on the repair to your vehicle, inquire as to what your insurance company will report to the State in regard to this matter. Finally, if the defendant in this case, wants her license back, she will begin paying your insurance company. Inquire with your own insurance company, whether or not you receive the first dollars associated with payment from the defendant as a result of having to pay your deductible. If they say that you do not get the first dollars back on a repayment schedule, then hire a lawyer! Your insurance company should take a 2nd seat in relation to being paid back. Thus, you should be paid back first i.e., for example, $300 deductible for UIM or $500 deductible for collision depending on your deductible amounts and policy language. Get your insurance company to work for you. After all, you paid your premium and they work for you. Your insurance company should be pursuing this matter against this individual. Follow-up with your adjuster, and if you are not satisfied quickly move to your adjusters manager. Place everything in writing, sent via facsimile and first-class mail, their typical excuse will be, "we did not get your letter," and make sure to save the fax confirmation form which demonstrates that you sent the letter to your insurance company. Finally inquire often; this will motivate the adjuster to bring resolution to the matter. This will allow you to avoid having to file suit in relation to a property damage claim. Otherwise you will have to, depending on the amount, file in Superior Court and pay the filing fee on top of any fees associated with tracking down the defendant, serving the defendant and then the expense of the discovery process, i.e. interrogatories, depositions, etc.

Sure. You can sue the other driver. It still may take you several month to get your deductible back as you work through your case.

Insist that your insurance company, through subrogation, obtain a full recovery for all of the damages caused by the other driver in the vehicle collision and pays over the deductible amount to you. If not, retain an accident attorney to represent you in the settlement of your insurance claim.

No. Your insurance company pursues the deductible when you have collision. They then return it to you.

Let your insurer fix your car (they won't want toyou'll have to insist) then ask them to "subrogate" against the other party's insurer, or if there really ends up being no coverage, against the other driver. When your insurer collects you are entitled to get back your deductible and won't even have to pay any attorney's fees.

Consult with a local lawyer and sue her for your deductible, as well as sue her insurance company who should be responsible for covering her actions since apparently she paid the premiums. Think about it. If any person who was at fault could avoid responsibility by simply ignoring their own insurance company (and if that insurance company would avoid liability if the insured did avoid them) what recourse would you have? None! That is why you may have to sue her and report the insurance company to the insurance commission to get action. Hire a lawyer quickly. Good luck.

You don't need to; your insurer will refund your deductible once they have collected from her insurer or from her. No need for you to spend the time or money.

If you sue the driver for the cost of your deductible, you will probably lose your right to sue again if you have any injuries or other damages.

You can sue, but are better off waiting until your insurance company and the other one figure it out. You won't know your full damages until that happens. If you just sue for deductible you will waive all other damages.

You can sue for that and any other damages you suffered.

In your insurance contract, you probably agreed to let them handle any litigation, so don't sue anyone unless your insurer agrees, in writing, to let you do so.

First, get what you can out of your insurance company. Then go after the other driver for the deductible.