If they're deemed to actually be at fault then their insurance company pays back your insurance company for what they paid out for your claim and deductible. But at fault insurance company doesn't always accept full 100% liability. Sometimes they will only accept 80% or 50%...depends on the claim and details of accident.
Right, I know how the basics of insurance coverage and subrogation. Not really what I was asking but thanks for replying.
I should have said, "asking for a friend" LOL.
But as far as the at fault person making those decisions...no. never.
That's more what I was getting at. There's a lot of internet lawyers telling others that their insurance carrier is going to deny coverage for an at fault accident because they were breaking some cardinal law being overloaded, over length, etc. Obviously you open yourself up to civil issues if there's negligence involved or life/limb lost.