by Guest » Fri Dec 04, 2009 08:46 pm
I received a letter from my auto insurance today stating that they were notified by the collection vendor, credit collection services that the damages paid and my deductible appear to be uncollectible. That the responsible party has refused to pay. That my insurance company is no longer inted to pursue futher collection against the responsible party. Will my insurance premium go up because of this? and what will happen next? will i be able to get my deductible back?
Posted: Fri Dec 04, 2009 10:52 pm Post Subject:
It means that you are free to sue them yourself or negotiate the amount of your deductible with them or loss of use, or loss of value. The insurer is waiving their rights of subrogation it would seem. Take the other party to small claims court, and if they don't show up to defend themselve, you are usually awarded judgement. Then you get to try to collect it, good luck. If they work, you can have their wages garnished. Chances are if they are sued, their insurer (if they have one) may have to hire an attorney for them and maybe they would be more negotiable to settle with you.
Were they unable to collect from them because they were found not to be liable or could they just not locate the people or did they simply have no assetts to pursue?
Posted: Fri Dec 04, 2009 11:34 pm Post Subject:
Still it would not be a bad idea to contact your states department of insurance, to inform them of the denial letter if you feel that you feel you still have a claim. Some companies and/ or adjusters do not inform you of your options, but when I deny a claim I always provide options. [/quote]
Posted: Tue Dec 08, 2009 04:10 am Post Subject:
the subrogation collection company could not locate the person. they tried calling and mailing but no responsed.
Posted: Tue Dec 08, 2009 04:12 am Post Subject:
Hi Trench I have a question about what happens to at fault driver who ignores the letters (gave wrong number to police report) would that person be hold liable of any kind?
Posted: Tue Dec 08, 2009 01:32 pm Post Subject:
It all depends. If after a period time, the carrier may make that determination "if" a person(s) can not be located. I have worked many claims were a carrier has instructed me to exhaust all possible methods of locating an individual before making any deicisons (sometimes that can get quite unusal and lengthy), depending on the situation. If there is enough evidence, the carrier can hold the party responsible, but usually not until after, at times, many attempts to locate/contact them were unfounded.
Posted: Tue Dec 08, 2009 04:35 pm Post Subject:
thanks Trench for the response. I will be checking with the subrogation party to see whats going on. thanks again.
Posted: Fri Dec 03, 2010 10:47 am Post Subject: Accident
I had an accident in a parking lot and no police were called and the woman claimed it was my fault. My insurance company denied the claim and now they want to go to subrogation and hold me responsible for the damage and pay it. It was as much her fault as mine. What do I do?
Posted: Fri Dec 03, 2010 05:22 pm Post Subject:
What do I do?
First, read my sig.No one goes to subrogation... it's a process where you ask for reimbursement. If your carrier has denied the other carriers subrogation then they are either filing inter-company arbitration (likely) or they have filed suit and they are going through mediation/arbitration (unlikely). In either case your carrier is providing you a defense and as long as any demand is under your policy limits, your carrier will settle the matter.
For more information, feel free to call your adjuster and ask.
Posted: Sat Mar 19, 2011 03:19 pm Post Subject: subrogation
if the adjuster denies your claim and the company says
you can go through subrogation, is chance
you can get his decision reversed and does it cause you a problem later with your company?
Posted: Mon Apr 04, 2011 10:46 pm Post Subject: refusal to subrogate
My insurance company sent us a letter that they are not going to subrogate on an accident in our car (our daughter was driving). She was on our policy at the time. She was clearly not at fault and the driver of the other car freely admitted to her he thought she was turning left (she was going straight) and it was his fault. S
he had the right of way as she had already let a car in front of him go. From where he hit her, it was clear he was also cutting the left turn (he turned left into her driver's door). A police report was later filed when she developed pain on the right side of her neck. She was seen by a doctor that afternnon and given pain pills and muscle relaxers. What are my options? I had her go through our insurance because I wanted the representation. I'm frustrated.
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