Other party insurance finds partial fault, cannot subrogate

Oct 22, 2018

  1. insureddriver
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    insureddriver New Member

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    As I mentioned, I cannot subrogate because my deductible is higher than the damage amount.
     
  2. adjusterjack
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    adjusterjack Guru

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    Maybe, maybe not. Geneseehill is correct. Adjusters don't easily succumb to threats of a lawsuit which is why I suggested attaching a completed, but not filed, complaint form. Might give you an edge. Might not. Just make sure you are prepared to sue immediately after the deadline date passes.
     
  3. Web320
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    Web320 Expert

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    Generally speaking, winning the case will not expunge the fact that there was a claim (regardless of fault) and it will remain on your CLUE report. If your carrier, surcharges you based on the CLUE report, I would anticipate an increase.

    I've not had any experience with anyone reaching out to LexisNexis and getting a claim removed from their report but I suppose it isn't out of the realm of possibilities.
     
    Web320, Nov 2, 2018
    #43
  4. VolAgent
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    VolAgent Guru

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    Most companies will remove the surcharge if provided proof it was a not at fault accident. A court judgement I'm sure would be sufficient.
     
  5. insureddriver
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    insureddriver New Member

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    My insurance company does not find me at fault.
     
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