Can I Be Sued For This?

If the matter has been referred to and accepted by your insurance company, as indicated in that they covered your interim car rental and paid for your car's repairs, then its their deal, period, and you and the other party have no business discussing any remedy whatsoever. You should politely but firmly refer her to your insurance company, remarking as part of the referral that any further contact with you of that nature from her will result in a response from your attorney.

Well, that sounds right.

I assumed he meant "subrogation" ... the insurers pursuing the insured's claims.

Sorrrey.

Nor do politicians Wilso. Do you get GST on insurance claims, as in $2500 damages plus GST.

Well, "went into subrogation" is a new phrase to me. If both insurers paid their own insureds, then I suppose it's possible. That's why I asked if California was a no-fault state. If it isn't, then usually what happens is that the at-fault driver's carrier pays for all the damages suffered by the other driver, and the other driver's insurer pays nothing at all. In that case, there would be no subrogation.

I'm with the "Suck Donkry Dong" group.

(But, I've always liked Roger and will do my part to vote for whatever puts a smile on his face.)

It's a new phrase to me too, but I think that's what he meant.

Subrogation: Process by which one insurance company seeks reimbursement from another company or person for a claim it has already paid.

In this case, (as I understand it) since both insurers paid out, each to their respective insureds, they arbitrate the matter bewteen them to see who is left holding the bag.

It's the phrase "went into subrogation" that Joe and I haven't seen before.

If both insurers are subrogated, then there's really no reason for the other driver to contact you. It would mean that her claim has been fully paid (except for her deductible, and for that she can just go pound sand).

I talked with the adjuster and that's basically what he said. The matter is awaiting arbitration between the insurers and in the meantime she shouldn't be calling me. If she persists, I'm to refer her to him.

Well blacksmithn, your insurer could have subrogated against her insurer - this means that whatever you got paid by your insurer, they are now trying to get reimbursed by her insurer for it, since they consider her the responsible party for the accident.

Did she get paid anything from her insurance company for her loss? Did she mention she wanted you to pay her deductible, or that she wanted you to pay for her loss?

I am betting she claimed against YOUR insurance policy, as the injured third party, and your insurer rightly denied her claim since she was the responsible party and told her to claim against her own auto policy.

If she claimed against her own auto policy, and her insurer paid her loss, less the deductible, then she should be all-set and not bothering you for anything. If she is cribbing over her deductible - tough-tiddly-winks! If you had to suck up a deductible then so does she. In fact, if you really want to be pedantic about it, you should tell her YOU want HER to pay YOUR deductible since she caused the accident.

Then the two insurers can hash it out between them to see if either of them get reimbursed from the other.

If she threatens to take you to small claims court, get that witness together and counter-sue for her to reimburse you for the deductible ….. and, ooh that reminds me … crick … is that neck of yours stick pinching? How about pain and suffering, loss of wages while tidying up this mess and attending court? How much can you claim up to? $2,500 in small claims court? If you start talking that way, she might just back the hell off.