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Old 08-18-2019, 05:42 PM   #6
extrashaky
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You need to speak with a lawyer. Soon.

Usually the other insurer can sue you for damages above what your policy paid. Turn it around the other way. Suppose someone smashed your car while it was parked and caused $20K in damage, but they only had $10K in coverage. Should you have to come up with $10K to fix your car?

Suppose you filed a claim with your comprehensive coverage instead. Your insurer gets the $10K from the other driver's insurance through subrogation. Should your insurer have to pay the extra $10K when it was the other guy's fault? Your insurer agreed to accept your risk, not the other guy who didn't buy enough insurance. If we didn't have the incentive of potentially getting sued, everybody would just buy the minimums, nobody would ever be made whole after an accident and rates for comprehensive insurance would skyrocket.

Sometimes state insurance regulations put limits on how insurers can recover, so you need to speak with a lawyer and not rely on the idiotic responses posted on a message board. A lawyer will be able to lay out your options and help you find the best way through this.

But whatever you do, don't ignore it, unless you just like having judgments entered against you that result in liens against your property and bank account.
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