- Mar 20, 2000
- 102,402
- 8,574
- 126
Originally posted by: Eli
Huh. But if I sue him and win, what does that have to do with them? Can't they sue him too?
I guess a car hitting your home is a bad example.. I'm more worried about bodily harm.
OK. If someone gets into a car accident with me and causes me great, long lasting bodily harm... I can sue them for emotional distress, etc, right? Wouldn't that be a separate suit from the insurance aspect?
If I won that suit, how would the insurance company be entitled to anything from that?
Maybe the confusion is that I'm talking about a civil suit, not an insurance related suite? I dunno.
the insurance company can only sue the tortfeasor by stepping into your shoes. the suit would actually be in your name and you would be the named plaintiff, not the insurance company.
for negligence and lower the law generally doesn't allow for more than being made whole. in your situation, you'd get a double recovery because you'd have both insurance money and the tortfeasor's money. you'd have a windfall.
if your insurance didn't compensate you for emotional damages, but did for physical injuries, and then you sued the tortfeasor for both and won both, the insurance company would be entitled under both your insurance contract and the principles of equity to be reimbursed out of the physical recovery. they would have no right to the emotional damages recovery.