I suppose they could but you wouldn't see a penny of it if they are broke.
My cousin case was one. His deductible was 1K. His insurance told him to pay 1K to fix his car and when they are successful in suing the ghetto kaydoo chick that rammed him, he will get his 1K back. This was 2 years ago and nothing from the insurance company yet.
Ghetto Kaydoo and Mev barely have insurance on their car so if you're in a situation with them then its hard to see a penny.
My daughter case that we settled last week for the final time. We did agreed back in October 2015 but our lawyer told us we can keep asking Blue Cross to lower their portion. Blue Cross want 17k and State Farm 5k.
Final Settlement is 100k liability
100k
-25% for lawyer which is 25k
- 7k Blue Cross
-$600 for lawyer for filing fees, copies, stamps, etc.
-4k in reserved trust
The rest is daughter but she's not 18 so husband will get the check and deposit in the bank in her name.