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Do you have uninsured motorist? (Score:2, Interesting)
I was rear-ended a few years ago and got something like that from the fella's insurance company.
I called my insurance company up and pointed out to them that I had uninsured motorist coverage so that my vehicle would be fixed, no matter the state of the other person's insurance... and this seemed applicable to me.
My insurance paid to fix the damage (minus my deductible) and then *they* sued for recovery... which got me back my deductible.
Might be worth a shot if yo