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?

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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 10 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. 


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