QUESTION
Can I get the other party pay for the accident even if my insurance is already paying me?
Asked on Nov 07th, 2013 on Automobile Accidents - California
More details to this question:
I was involved in a car accident and it was the other persons fault . My van is total useless now and my insurance is paying me the blue book value. My question is: Does the other party's insurance has to pay too? Or there's no responsibility on their part.
11 ANSWERS
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You can't get paid twice for the same loss. If your insurer wishes it can pursue subrogation against the other party/insurer, and if your insurer is successful you can get your deductible back. Or you can pursue the claim yourself and reimburse your insurer if you win. But attorney fees are not generally recoverable in property damage claims, so you'd be paying out of pocket. That generally makes a separate suit against the other party/insurer a losing proposition unless you were injured.
Answered on Nov 11th, 2013 at 11:08 AM
James Eugene Hasser
Your insurance company will be able to get it's money back that it pays you from the other drivers insurance company. You cannot double dip on that. However, if you were injured, you need to look to the other drivers insurance company for payment. Good luck.
Answered on Nov 11th, 2013 at 11:08 AM
Edwin K. Niles
Your co. will seek reimbursement from the other co. Its called 'subrogation'.
Answered on Nov 08th, 2013 at 3:37 PM
The fact that your insurance is paying you does not necessarily block your ability to sue the offending party for damages.
Answered on Nov 08th, 2013 at 3:37 PM
Thomas Edward Gates
They will pay your insurance company for costs. You cannot double dip.
Answered on Nov 08th, 2013 at 3:36 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, the car insurance company of the person that caused the accident is liable (responsible) for paying for both your injuries and the property damage done to your vehicle. Even if your car insurance company pays money for the injuries or property damage, it should be reimbursed by the other person's car insurance.
Answered on Nov 08th, 2013 at 3:36 PM
Your insurance will go after the other insurance to recoup its payout.
Answered on Nov 08th, 2013 at 3:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. Your insurance co will arbitrate with the bad guys company. You can't collect twice for the same loss.
Answered on Nov 08th, 2013 at 3:36 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Check your insurance policy. Almost all policies are written such that if your insurance company pays for your loss, they have the right to recover from you for any recovery you get from the defendant's insurance company. Some times, the insurance companies do an intracompany arbitration to establish their right to be reimbursed by the other insurance company, and often times you don't even know that this is going on.
Answered on Nov 08th, 2013 at 11:46 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You cannot double collect.
Answered on Nov 08th, 2013 at 11:45 AM
Most likely your insurance company is already working with the responsible party's insurance company to obtain the funds that are being paid to you. The check may come from your insurance company but they are, or will be, settling the matter with the responsible party's insurance company.
Answered on Nov 08th, 2013 at 11:45 AM