If my insurer has settled with a person regarding an injury due to a car accident, can their insurance company sue me?

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If my insurer has settled with a person regarding an injury due to a car accident, can their insurance company sue me?

Asked on March 28, 2012 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, their insurer can sue you. When a person's insurer pays him or her for damage or losses, the insurer gets the right to sue anyone who is liable for that damage or loss; this is called "subrogation," and it's the right of the insurer who pays to try to recoup or recover its payments from a responsible party.

Liability in a car accident generally depends on fault, so regardless of whether or how much the insurer paid, you should only be liable, or financially responsible, to the degree or extent you were at fault. If the accident were not your fault, the insurer should not be able to collect from you.


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