The Supreme Court has ruled that in a traffic accident with shared fault, a driver may claim from the other party's insurer the auto insurance deductible the driver paid.
The Supreme Court's Second Division, presided over by Justice Kwon Young-jun, overturned an appellate ruling that had ruled against a driver identified as A in a damages suit against the other party's insurer and remanded the case to the Daejeon District Court.
After a traffic accident with shared fault, A received 2.2 million won from A's own insurer for 2.7 million won in repair costs, excluding a 500,000-won deductible, and then filed a lawsuit against the other vehicle's insurer, identified as B, seeking the amount corresponding to the deductible.
The trial and appellate courts ruled against the plaintiff, finding that A could not claim damages from the other insurer because A had voluntarily entered into a comprehensive auto policy that included a deductible agreement.
However, the Supreme Court found that the portion of the deductible corresponding to the other party's percentage of fault remains the victim's loss and may be claimed separately against the other party.
The Supreme Court said, "A's insurer may exercise subrogation only for the portion of the insurance payment corresponding to a third party's share of liability," and "it may not exercise subrogation for the deductible that was not paid to A."
It added, "Because A's insurer has no right to claim the portion of the deductible corresponding to a third party's share of liability, A may still seek damages from the other party's insurer."