Can I be sued if the other driver only received 60 compensation from my insurance? They determined the other driver was partially at fault

UPDATED: Oct 1, 2022

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Can I be sued if the other driver only received 60 compensation from my insurance? They determined the other driver was partially at fault

Making a left hand turn across 2 lanes and was hit at the back left corner totaling
my car. The other driver never slowed down or did nothing to avoid. My insurance
company said I cleared the turn by 90 plus. They were not paying attention.
There is a flashing warning sign prior to the T intersection. Police told me i got the
citation because in Illinois you are automatically at fault. The driver showed up at
court complaining to the judge about the insurance company. Judge said nothing
they could do that would be a civil case.

Asked on February 21, 2018 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If in accepting payment from your insurer, he signed--as he should have; your insurer would have done something wrong if they did not make him sign--a settlement agreement in which he agreed to accept the money as settlement of all claims and/or to give  up any right to sue, then no, he cannot sue: such an agreement to not sue or that the case has been fully resolved is legal, binding, and enforceable.
If the other driver did not sign an agreement limiting or giving up his right to sue, he *could* file a lawsuit, but to recover money from you, would have to prove his entitlement to it: e.g. your fault, his relative lack of fault, AND that he has not already been compensated. For example, say that his car damage is worth $20,000 total and a court concludes if he sues you) that he was 40% at fault. That means he is only entitled to $12,000. If he has already received that $12,000 from your insurer, he can't get any more. If he received $12k from your insurer and a court concludes he was 30% at fault, his *total* recovery is $14,000, so he could get an extra $2,000 from you. Etc. He cannot "double recover": he can only get an amount, from a combination of you and his insurer, equal to what he is entitled to given damage and fault.

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 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.

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