by Guest » Tue Jul 03, 2012 07:28 am
I have just received a legal notice that I'll be sued for subrogation, just because i didn't have sufficient insurance to pay for the physical injury. What can i do to avoid paying for it? How can FDCPA help at this point?
Posted: Tue Jul 03, 2012 12:29 pm Post Subject:
The only party that should be able to file suit against you is the party that sustained the injury. Your insurance carrier should be doing everything in their power to settle the claim for up to your policy limits. They won't (should not) make _any_ payment to the other party unless they sign a waiver.
My recommendation is that you call your adjuster and find out the details on the status of the claim in order to have a better understanding. You then may want to send a letter to your carrier asking them to settle the case for your policy limits. This sets them up for a bad faith claim should the other party obtain a judgement against you for more then your policy limits.
This may be the case where you have something like $25k policy limits, the other person has $5,000 in medical bills for a simple soft tissue injury and your carrier is offering something like $7,000 so the attorney filed suit to get a little more. The attorney may ask for $1,000,000 in the law suit but that, of course, would never be awarded.
Again, you need to find out the details of the case from your adjuster (and now, the attorney that they assigned).
Posted: Tue Jul 03, 2012 02:49 pm Post Subject:
This is not a FDCPA issue. Your negligence in operating a motor vehicle, and without sufficient coverage, has exposed you to tortious liability.
just because i didn't have sufficient insurance to pay for the physical injury. What can i do to avoid paying for it?
Why should you not be responsible for the injuries you caused? Whose decision to carry a specific amount of insurance was it?
Driving is not a right, it is a privilige and demands a minimum level of responsibility. You chose to drive and not carry enough coverage. You are responsible for your actions. PAY UP!
Posted: Thu Jul 12, 2012 01:14 am Post Subject:
Except for a handful of states, the FDCPA does not regulate subrogation claims. Dont fret, the FDCPA isnt your only source of relief you have available. Most automobile insurance policies contain a duty to defend provision meaning, among other things, that your insurance carrier must hire you an attorney if you are sued for damages in relation to a motor vehicle collision. Such a lawsuit could be brought by the owner or occupants of the other vehicle or even by their insurance carrier (if allowed in that state). I would explore your options with your insurance carrier. If you are indeed sued, be proactive, schedule a meeting with the attorney hired by your carrier to consider all of your options. Depending on the circumstances of the collision, you might have some viable defenses available to help minimize your exposure to those claimst
Posted: Thu Jul 12, 2012 02:03 pm Post Subject:
your insurance carrier must hire you an attorney if you are sued for damages in relation to a motor vehicle collision.
Be sure you understand what this means. You DO NOT hire your own attorney and send that bill for legal defense to the insurance company.
The insurance company will not pay for defense counsel you obtain on your own without its prior consent. Even though, as counselor Crawford has correctly stated, your insurance contract requires the insurance company to provide you with a defense to a covered loss, recent case law has affirmed the right of the insurance company to avoid the cost of litigation defense when the insured obtained private legal counsel without the express consent of the insurance company. The promise to defend does not include the cost of private counsel.
In certain circumstances (particularly when the opposing parties are insured by the same company), private counsel will be authorized and paid for if there is the possibility of a conflict of interest.
Add your comment