Posted: Wed Jul 23, 2008 2:15 am Post subject: Is there any way to get out of paying a claim.
if someone receives subrogation papers from a rear end accident that happened 7 months ago and there was no police report and no witnesses and the person recieving subrogation did not have insurance and the person who filed the claim had insurance and only a scratch on there bumper. And it was the persons fault that had a scratch on there bumper but they are taking adavantage of the situation because the recipient didn't have insurance at the time. Is there any way the recipient can get out of this, and what would happen if the claim wasn't paid?
Unfortunately there is no escape from the responsibility. No matter whether you had insurance at the time of accident or not, you're responsible for the damages caused by you
May be this incident will help you to decide in favor of purchasing an auto policy for future protection. _________________ Register Now to have your Insurance queries solved.
Subrogation, normally takes place between the insurance companies of the parties involved in the claim process. But when you've no insurance coverage, then to recover for the damages they can only file a suit against you at the court of law, and there you need to defend yourself with all your might if you believe you were not at fault. I guess you're required to contact an attorney if you want to avoid paying the claim. Good luck! _________________ Register Now to have your Insurance queries solved.
IMO the only option that you have is to pay out the claim and settle the matter. It'll save both money and time for both parties. With no police report and witnesses, I don't think that just by claiming that you were not at-fault, you can avoid paying for the damages incurred by the other driver.
The subrogation suit implies that he actually had filed the claim with his own insurance company knowing that you have no insurance. Now the insurance company is trying to recover what they have paid to their customer, which is perfectly legal.
hope that clarifies. _________________ Register Now to have your Insurance queries solved.
Good morning talithatheone, and welcome to the community...
First off...
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And it was the persons fault that had a scratch on there bumper but they are taking adavantage of the situation because the recipient didn't have insurance at the time
How was it their fault if you rearended them? And secondly how are they taking advantage because you are uninsured? Actually it's way more trouble/problems for them they have to pay their deductible for one, if they didn't have rental on their policy they would also be out of pocket a rental car while their's is in the shop, until you decide to pay up! So I fail to see how that taking advantage of your 'lack' of insurance please explain that...and something else, what if someone rearended you and they didn't have insurance either? Let's say there was 2k in damage to your vehicle and you and your child had to go to the hospital to get checked out...how are you going to feel about that person driving around rearending people without insurance? Really try and put yourself in the other persons shoes, just for a second...
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Is there any way the recipient can get out of this,
It really depends on how tenacious the insurance carrier is about their subrogations claims....there is no way out of the fact that you were driving without insurance and rearended someone...if you have a dispute about the cost of repairs then you could fight the amount...
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and what would happen if the claim wasn't paid?
Lot's of things, more than likely if you haven't already you will get a letter from your state pulling your license or tags maybe, they could also get a judgement and garnish your wages until it's paid, you will have a judgement setting out their against you that will pop up at the most inconvient times, like when you buy a house etc...
I'm really interested though in why you don't feel this is your fault, and why you don't think you owe it when you made the decision to drive without insurance....just wondering. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Insurance is required so that you can be financially responsible for the losses that you cause. Strike number one. But it also provides _you_ protection. You choose not to have this protection so I think you have little room to complain about being taken advantage of. What if the other person did not have collision insurance... how would they recover for their loss then?
Bottom line, you choose to put yourself in this position. You now are worried because you are responsible for something and you probably cannot afford to get it taken care of. I understand your frustration but I don't know if I can agree that your being taken advantage of.
