Legal Question in Insurance Law in California
Insurance
I am being sued by an insurance company for $25K. The $25K was paid to the victim by me at the same time the insurance company settled with the victim. The victim has basically received $50K when they were only owed $25. Is this correct? It would seem the insurance company should re-coup their loss from the victim.
2 Answers from Attorneys
Re: Insurance
It sounds like you were unisured and so you paid the claim yourself. Then the victim made a claim to their own insurance co. under their uninsured motorist coverage. In order to get that coverage their damages (medical bills, etc.) should have exceeded the amount you paid. Is it possible that your settlement was not disclosed to the victim's insurance carrier?
Re: Insurance
Ms. Barron may be correct. It is difficult to answer without more facts. Whose insurer is suing you - the victim's or your own? Is the victim also named in the lawsuit? Was your settlement concluded with a general release? Was it prior to the settlement between the victim and the insurer?
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