I have a 2 part legal question if I may please. My question assumes the attorney representing me can prove the other driver was at fault and my insurance companyís did not pursue reimbursement judicially through subrogation and they have since issued letters indicating my files are closed and they are no longer pursuing reimbursement.
A) If I am involved in an accident and my insurance pays my medical expenses and to repair my car because the other driverís insurance refused can it limit or prevent damages from being recovered? Is it likely the other driverís attorney could successfully argue I only own the deductable portion of the damages I paid and I no longer own the portion paid by my insurance company because they became theirs when they paid them?
B) Is likely the attorney representing the other driver could successfully counter sue for any cost they are out on the basis I violated the Texas One Satisfaction Rule when I sued them for damages my insurance company paid even if I had communicated my intent to the court to reimburse my insurance company the portion they paid if I am awarded full damages by the court?