Can a person essentially recover twice after an accident? 4 Answers as of February 20, 2012

Can a person essentially recover twice after an accident if they settle with an insurance provider for repairs to the vehicle but not for difference in market value, then, they assign recovery for difference in market value to a third party?

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Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Once you sign a release, that's it.
Answer Applies to: Florida
Replied: 7/15/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
That's a tricky question. You can generally settle part of your claim if there are multiple parties who may be responsible for damage caused to you, but insurance companies often require a release that will foreclose further action on the same claim. You need to know if the repair-cost settlement involved a Release and if so, the terms. It is possible that the insurance policy expressly disclaimed coverage for difference in market value. If so, the insurance company may have expressly exempted that claim from its release, leaving the damaged party free to pursue others.
Answer Applies to: Florida
Replied: 2/20/2012
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Probably not. This is not personal injury case because there are no injuries.
Answer Applies to: Florida
Replied: 7/15/2011
Allen Murphy Law
Allen Murphy Law | W. Riley Allen
Property damage & diminished value are 2 separate claims. But, the release should have covered both claims.
Answer Applies to: Florida
Replied: 7/15/2011
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