If my car was a total loss and I filled a claim with my own insurance company ,what can I do as far as a settement with the inc company?

Question Details:

I filed my claim with my insurance and was paid fair market value for it. Is there a ( double dip clause or can I request monies in a settlement from the other insurance company?

Asked 5/7/2009 under Insurance Law | 476 View(s) | More Legal Topics

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Insurance Law Law Answers

Once your insurance company has paid your claim for property damage to your vehicle, you have been "made whole" and cannot pursue a claim with the other party's insurance.  Assuming the other driver was at fault for the accident, typically, what happens after your insurance company pays your claim, is they go after the at-fault driver's insurance in what's called a subrogation claim, where they try to get the money back that they paid you for your car's damages.  Your insurance policy gives them the right to do this.

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