Can I still sue the negligent party after my insurance has paid for my damages?

UPDATED: Sep 29, 2022

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Can I still sue the negligent party after my insurance has paid for my damages?

My new house pipe burst and I weent through my insurance. The builder initially denied responsibility but now that my insurance has paid, they’re saying that they can’t pay me because my insurance will come after them for my claim so they have to pay my insurer instead. Is this true or do I still have case with the builder?

Asked on October 17, 2015 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can only recover any amounts NOT paid by insurance. So if insurance has paid 100% of the costs or losses, you have no basis for suing--you have already been "made whole" and have not suffered a loss. But if there are any amounts not covered by insurance e.g. a deductible or certain personal property not covered or paid for you may recover those amounts. If the builder will not voluntarily pay you, you could sue. d on the amount of money likely at stake, suing in small claims court, acting as your own attorney "pro se" is likely a good option.

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