QUESTION
Is this legal for my niece to sue her and for the insurance company to sue her as well?
Asked on Jan 08th, 2013 on Personal Injury - Texas
More details to this question:
My niece was in a parking lot and hit a truck parked in the lot! She was uninsured and the owner took her to court for the damages. She is currently making payments. She thought it was all settled. Now his insurance company is trying to sue her for we believe the same damages. Is this legal for him to sue her and for the insurance company to sue her as well? Is so can she counter sue him if what he doing is illegal? What are her options?
5 ANSWERS
Ronald A. Steinberg
No, no double dipping. Her response to the law suit by the insurance company would be that she has paid and is making payments. However, she may be paying him for his deductible and if so, she would have to pay the insurance company for the balance of the damage. This will teach her to not drive without insurance.
Answered on Jan 14th, 2013 at 7:38 PM
They are probably not suing for the same amounts. Without knowing the details, I am guessing the insurance company for reimbursement for what it paid for repair to the damage to the vehicle and the driver/owner of the vehicle is suing for bodily injury suffered as a result of the incident.
Answered on Jan 12th, 2013 at 5:56 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The other owner and the insurance co can each look to her for whatever their damages are. no one is entitled to be paid twice but it is possible for the owner and the insurance co to suffer damage in the same incident.
Answered on Jan 11th, 2013 at 12:32 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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It is likely that the insurance company will back off once they know their insured already sued for the same damages. When the other driver's insurance company paid for the repairs, their insured, under the tems of the policy, gave up his right to sue for anything other than his deductible. If he is collecting from your niece, he should be required to reimburse his insurer.
Answered on Jan 11th, 2013 at 12:31 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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She should not have to pay twice for the same damages. She should let the insurance carrier's lawyer know that she's already been sued and that she's been paying their insured, and send him or her a copy of the judgment in the case where she was already sued.
Answered on Jan 11th, 2013 at 12:30 PM