If I won a state Torte Claim am I liable to reimburse my insurance company for damages they paid?

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If I won a state Torte Claim am I liable to reimburse my insurance company for damages they paid?

Our camper was damaged at a state park in
Nebraska due to a dead tree not being
maintained. Our auto insurance covered the
damages and the camper was repaired. I filed
a Torte Claim against the state due to risk of
injury and improper maintainence of the camp
site. To my surprise I won the Claim and they
awarded the full damages I was only
requesting our deductible be reimbursed. I’m
wondering if this has to be reported to our
insurance and if they are to be reimbursed the
portion they paid for the repairs or is the Torte
Claim award ours to keep?

Asked on March 13, 2017 under Personal Injury, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you have to reimburse them for the damages they already paid out to you. The law does not allow "double recovery": you cannot be paid twice for the same damage, once by insurance, once by the other side. The insurer has the right to reimbursed for what they paid out; if you don't do this voluntarily, they could sue you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you have to reimburse them for the damages they already paid out to you. The law does not allow "double recovery": you cannot be paid twice for the same damage, once by insurance, once by the other side. The insurer has the right to reimbursed for what they paid out; if you don't do this voluntarily, they could sue you.


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