My own insurance paid out but the company that actually caused the damage might owe me more — can I still go after them?

I had almost this exact situation happen — third party caused damage, my insurance handled it, and I felt like I was just supposed to be grateful and move on. What I eventually learned is that you absolutely can pursue the at-fault party's insurance separately, especially for things your own carrier didn't cover, like your deductible. Don't let anyone tell you filing through your own insurance closes the door on that.

Please be really careful when that construction company's adjuster calls you. They are NOT on your side — their entire job is to minimize what their client pays out. Don't give a recorded statement, don't agree to any fast settlement, and don't let them pressure you with a lowball offer just because you already got something from your own insurer. The fact that you had a prior payout doesn't mean you've waived your rights against the actual responsible party.

Your own carrier skipping subrogation doesn't surprise me honestly. They run cost-benefit analyses on whether it's worth chasing another carrier for reimbursement, and if the numbers don't pencil out for them, they just don't bother. That decision is about their bottom line, not yours. The good news is that has zero bearing on your right to go after the at-fault company directly for what you're still out of pocket — deductible, difference in valuation, anything else you can document.

A couple of things worth knowing: first, check whether your state has any laws around deductible recovery — some states actually have specific small claims pathways for this exact scenario. Second, get everything in writing before that adjuster call if you can. Send an email asking them to confirm the claim number and their contact info so you have a paper trail from the start. And document every expense you've had since the incident — rental costs, rideshares, anything. That stuff adds up and it's all potentially recoverable.

Not legal advice, but this is genuinely worth a free consultation with a PI attorney before you talk to the construction company's carrier. The issue isn't just the deductible — depending on how the valuation gap shakes out and whether you had any out-of-pocket costs getting into a replacement vehicle, there could be more on the table than you think. Most attorneys who handle property damage stuff like this won't charge you unless they recover something. At minimum, get informed before you talk to their adjuster.

Short answer: yes, you can still go after them. Your own insurance paying out first doesn't mean the at-fault party gets a free pass. Get the deductible back at minimum — that one's pretty straightforward to argue. As for the valuation difference, you'll need to show their number should've been higher, which means pulling comps for similar vehicles in your area yourself. Don't just accept whatever number either carrier throws at you.

This sounds so stressful, I'm sorry you're dealing with it. You did nothing wrong — you were just parked — and now you're jumping through all these hoops. Please don't let the insurance company's casualness about this make you feel like you don't have a real claim. You do. Keep pushing.