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Generally, if the vehicle is totalled as a result of the collision and the owner had collision coverage, the insurer will pay to the owner the actual cash value of the vehicle as of the time of the loss. This usually equates to the value of a car of like kind and quality (including mileage, accessories and condition) as of the time of the collision. Because of its payment to its insured, the insurer becomes "subrogated" to the right of action of its insured so that it can try to get its money back from you. You will have the same defenses against the insurer as you would have had against the other driver (for example, that the other driver was partially or entirely At Fault for the collision).

The subrogation action that the insurer files often includes a claim for the insured's deductible, but it may not. If it does, the insured cannot again make a claim for it; if it does not, the other driver can file suit against you for the deductible and other unreimbursed expenses that he/she may have incurred and that were proximately caused by the collision.

Further, if the person is injured and if the injuries are of a type that permits him/her to file suit (usually defined in terms of seriousness), you can be sued for bodily injury damages. Your liability insurer has the obligation to defend you by providing an attorney at its expense and paying amounts for which you are found legally liable up to the limits available under the insurance policy. This is also true with regard to a property damage claim.

If a judgment is entered against you and remains unpaid, there can be implications for your credit. Additionally, under the Financial Responsibility Law of many states, if a judgment from an auto collision remains unpaid for a stated period of time, your driver's license and tags may be suspended until payment arrangements have been made. You may also be required to obtain and maintain a special form of high-risk liability insurance (sometimes referred to as an SR-22) for a period of time, but this depends upon State law.

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Q: If you wreck someone else's car and that person's auto insurance covers the damages can the car owner still sue you for damages to their car after the accident?
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Related questions

Are there policies or companies that cover anyone driving your vehicle?

If you have insurance on your car, and someone else is driving it, and has an accident your insurance rate will go up but it will cover the damages to the other persons vehicle.


When is liability insurance needed?

When you cause an accident that damages another vehicle or hurts someone


What if someone is driving your car and they get into an accident and get hurt and they do not have car insurance is the owners insurance responsible for medical for the injured driver and damages?

You guessed it!


What happens when you hit someone in a car accident then find out you don't have enough insurance to cover all their damages?

Once your insurance has paid, you are responsible for the rest.


In motor vehicle accident and person at fault has no insurance?

When someone causes an accident and he has no insurance, he is liable to pay for the damages out of his own pocket. Some of the costs may be too much to bear and that is why people are better off having insurance.


If someone has a car accident and does not have insurance how is the other motorist compensated for damages?

Your insurance policy most likely has a clause that protects you up to a certin amount if you are in an accident with an uninsured driver. You can also hire a lawer and sue the other driver for any damages (along with lawer and court fees).


What can someone do if they get into an accident with a vehicle they're still paying for with no car insurance?

The only thing you can do is pay for all your damages out of pocket. After all it was your decision to drive without insurance.


Will my insurance pay for damages for drivers car without license?

When you allow someone to drive your car, you are giving them the coverage of your insurance. If they were to get into an accident, your policy would pay first.


What is the difference between liability insurance and full coverage?

Liability insurance pays for someone else's damages if an accident is your fault but won't cover your vehicle. Full coverage provides liability insurance as above but will also cover your damages to your own vehicle in an accident regardless of whose at fault, as well as theft, fire, etc.


How do you determine the value of scarring due to the negligence of another person in an accident when reporting it to the insurance company?

If someone is seeking damages from an injury as a result of an auto accident and they are not satisfied with the offer from the insurance company I would suggest that a lawyer be consulted.


If someone is driving your vehicle which is covered with collision and has and accident and is at fault are you responsible for all damages and costs or will their insurance cover it?

== == == == Car insurance follows the car. If someone was injured they can go after the driver if they weren't the owner of the vehicle.


If someone hits your car and you have no insurance will their insurance cover your car if they were totally at fault?

Yes. All registered drivers are required to hold liability insurance, which means that if they cause an accident, their insurance will pay for damages to the other peoples' cars. So, if the person does hold the required insurance, and is entirely at fault, your damages will be covered.