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

Question 17

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) Both Bailey and his insurer have subrogation RIGHTS against Asimov for the damages he (Asimov) caused
D) Bailey has the right under the principle of indemnity to now sue Asimov personally for the $7,000 damages to his car

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