Actually, the law totally ignores what insurance pays when assessing the damages. Unless there is some unique exception, insurance and insurance payments are not allowed to be discussed during trial.
In this case, what you would do is sue for the amount of your damages, whatever they are, and then the insurance company would subrogate against you for their interest. That is usually done by sending your lawyer, or you, a letter stating they have a subrogation interest.
So you recover all of your damages and then you repay the insurance company what they paid on the claim. Usually you can get them to reduce how much they want back to offset the costs and attorney's fees involved in the case. Then you keep whatever is left over after you pay the insurance company their subrogation interest.
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