If I was at-fault for a car accident and the person I hit accepted payment from my insurance, can he get any more money from me?

UPDATED: Sep 15, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 15, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was at-fault for a car accident and the person I hit accepted payment from my insurance, can he get any more money from me?

Now he is suing me for additional money.

Asked on September 15, 2014 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two issues or questions here:

1) In accepting money from your insurer, did he sign a settlement or release agreement of some kind? (He should have; if not, your insurer may have erred in not protecting you, and it's possible you'd have a claim against them.) If he did sign such an agreement, and if it bars him from suing, that agreement is enforceable; in this case, he would have signed away his right to sue. You should ask your insurer if he signed any release or settlement, and, if so, get a copy.

2) If he didn't a settlement or  release, he can't double collect for the same loss, cost or injury, but could sue for different damages from the same accident. For example: say that he suffered $3,000 of car damage and $7,000 of medical. If your insurer paid him $3,000 for the property damage, he could sue you for the medical.

Or if his total damage, injuries, costs, losses, exceed your policy limits, he could sue for  the excess. Say you had $25,000 of liability coverage, but he suffered $50,000 of injuries. The insure is only obligated to pay up to the policy limit, but the injured person could try to recover for all his losses. So if he had $50k of injuries and the insurer paid out your whole policy limit of $25k, he could sue for the $25k they did not pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption