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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.
 


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