Insurance Rights

[amettie]

What is the name of your state? Idaho

Our truck was totaled while being pulled on a trailer that jack-knifed. No one was at fault, per the police report. The insurance company paid in full, but now has a collection agency going after the driver of the trailer for the amount paid to us.

Is this legal? If the insurance companies can sue others to get their money back, why do we have insurance?

Thanks for any thoughts.

Angie MEttie

[las365]

If the insurance companies can sue others to get their money back, why do we have insurance?

So you can get your damages paid for right away without having to sue the other driver yourself.

It is perfectly legal for your insurance carrier to pay you according to your policy and then sue the alleged at-fault person to recoup the money. It's in your insurance policy. It's called subrogation.

[ecmst12]

You'll get your deductible back when they sue the at-fault driver.

(Hint: If only one driver was involved in the accident, that person will be at fault).

[seniorjudge]

Ma and pa (or one of them at least) was driving the at-fault vehicle.

OP has not given the full facts.