by jonesbc10 » Tue Jan 19, 2010 07:19 pm
A driver rear-ended me at a yeild sign and did not have insurance. My insurance company charged me my deductible, rent a car, and other repairs on my car. Its been over 6months. Can I sue?
Posted: Thu Jan 21, 2010 01:39 pm Post Subject: Rear end collisions
Assuming that you are not at fault, you should get your claim from your insurance company,though it might take some time. But before that you need to explain your situation in details.
Posted: Thu Jan 28, 2010 02:55 am Post Subject:
Subro can be an interesting and at the same time, frustrating thing.
Many states have laws that mandate that if a carrier recovers from the responsible party through the subrogation process, the carrier is required to pay the insured any deductible dollars paid from the "first funds received from the negligent party due to any subrogation agreement or court-ordered requirement."
In other words, if your insurance company gets any money from the moron uninsured driver that whacked you- you get your $$ back first and the carrier only gets what's left over.
Finally, remember that:
1. Not all cases are subrogated. Most carriers will not subro unless the claim exceeds a certain dollar amount. Costs more to subro than what you'd recover.
2. Commonly, the negligent party will sign a "promissory note" to settle the repayment process. I have seen promissory notes allow the payor to pay as little as $25 per month. So...getting your money back may be an issue, and some of your concerns rest with state law.
Good luck, and we'll continue to watch the thread to see if you respond.
InsTeacher 8)
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