While Driving Home from Work, Bailey's Car Is Struck from Behind

question 30

Multiple Choice

While driving home from work, Bailey's car is struck from behind by a van full of drunken college students. Asimov is the driver of the van. The resulting damage to Bailey's car totals $7,000. Bailey files a claim under his own auto insurance policy to have his car repaired, but his insurance policy only covers $6,000 of the $7,000 loss. Bailey pays the remaining $1,000 of the loss out of his pocket. Which of the following is a true statement?

• A) Bailey has no legal right of subrogation against Asimov for the $1,000 that he had to pay out of his pocket.
• B) Bailey's insurer has no legal right of subrogation against Asimov for the $6,000 of damages it had to pay to Bailey.
• C) Bailey has the right under the principle of indemnity to now sue Asimov personally for the $7,000 damages to his car.
• D) Both Bailey and his insurer have subrogation RIGHTS against Asimov for the damages he (Asimov) caused.

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