by Guest » Tue Nov 01, 2011 11:25 am
I know that my insurance will subrogate to collect reimbursement for the money they pay on my medical and car repair bills. But they won't subrogate for the rental car I had to have, and the claims handler told me the at fault driver could pay me directly for my deductible and car rental, if he would. He said he would, so would it be okay for me to send him a copy of the rental bill and my deductible amount? I know that doesn't mean he'll pay it, just because he said he would, but at least then he knows how much those things are.
I don't want to do anything that will hurt a settlement in the future, but from what my adjuster said, those items won't be part of any settlement, anyway. I also know I may have to get an attorney, but I'm not ready to do that yet, not this early in my treatment.
Thanks.
I don't want to do anything that will hurt a settlement in the future, but from what my adjuster said, those items won't be part of any settlement, anyway. I also know I may have to get an attorney, but I'm not ready to do that yet, not this early in my treatment.
Thanks.
Posted: Wed Nov 02, 2011 12:10 pm Post Subject:
Making a "demand" for those expenses is the necessary step preliminary to filing any legal action, such as small claims court. So feel free to send the demand letter -- it will not interfere with any other aspect of your claim.
Posted: Wed Nov 02, 2011 01:15 pm Post Subject:
Thank you! That was my concern, that it would cause problems down the line if this does require legal action. I will send him a letter. Thanks again, I appreciate the help.
Posted: Fri Nov 04, 2011 07:09 am Post Subject:
jhat . . .
In reply to your post on my page . . .
If you don't believe the at fault party has any assets to pay your claim, forget the idea of an attorney. If OK permits stacking, then you are correct about collecting up to $50,000 from your UMBI. However, your health insurance has the right of subrogation against that amount. It will pay your expenses over that amount, since there would be nothing left to subrogate. You are unlikely to walk away with much (if anything) in your pocket unless you can get your health insurance company to accept only a portion of your UMBI as its subrogated claim. Feel free to use the PM button below to send me any other messages.
Posted: Fri Nov 04, 2011 10:05 pm Post Subject:
Thank you for replying. Well meaning friends keep telling me to get an attorney, but your answer confirmed my thoughts, since the guy is uninsured. Thanks again, you've helped me a lot!
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