questions on claiming insurance

[mark_t]

My car was hit by a truck and my car insurance company paid 75K for the repair. Truck owner paid the participation fee.

Now, the insurance company sent a letter to the truck driver/owner that they need to pay the insurance company 70+K for the damages. Insurance company is saying that this is based on Article 2207 of the Civil Code, which reads:
"If the plaintiffs property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. . . ."

Question:
Is the truck driver and owner really need pay the 70+K considering that my car in on comprehensive insurance?
Can the truck use the TPL (paid upon registration at LTO) to pay the insurance claims?
Last,the owner of the truck died due to heart attack lately, is the insurance claim still valid(the driver of the when the accident happen was a staff of the truck owner)?

Thank you.

Since the truck owner is dead already then all his debts are settled.
But lawyers will try to collect. It is stupid really to collect from a dead person.
If someone would pay me in advance to try to collect from a dead person, I would.

Yes the truck can use TPL to pay the insurance claim. But I think you mean CTPL
as I would not issue a TPL cover to a truck. Nobody will in my opinion(in PHL)
We have just been hit by a truck this week and good thing they got comprehensive.

http://tsikot.yehey.com/forums/showthread.php?t=62513
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