If I won a state tort claim, am I liable to reimburse my insurance company for the damages that it paid?
Question Details: Our camper was damaged at a state park due to a dead tree not being maintained. Our auto insurance covered the damages and the camper was repaired. I filed a tort claim against the state due to risk of injury and improper maintainence of the camp site. To my surprise I won the claim and they awarded the full damages I was only requesting our deductible be reimbursed. I'm wondering if this has to be reported to our insurance and if they are to be reimbursed the portion they paid for the repairs or is the tort claim award ours to keep?
Yes, you have to reimburse them for the damages they already paid out to you. The law does not allow "double recovery": you cannot be paid twice for the same damage, once by insurance, once by the other side. The insurer has the right to reimbursed for what they paid out; if you don't do this voluntarily, they could sue you.