If I was in an accident and the other driver’s insurer covered the damages to their car, can the driver also sue me for the damages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was in an accident and the other driver’s insurer covered the damages to their car, can the driver also sue me for the damages?
I am already paying his insurance company.
Asked on May 3, 2011 under Accident Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
OK so what I am assuming from your question is that the other driver made a claim under their policy for the property damage portion of the accident, their insurance company paid it and then either you agreed to pay it or they sued you to pay it under the theory of "subrogation." The other driver has already collected for the property damage and can not sue you for what was already paid for. Sometimes, though, they can sue for the deductible amount that they had to pay under their policy. There is also the issue of suing for any personal injuries that may be claimed which they are. of course, entitled to do separate and apart from the property damage claim. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.