Subrogation letter with a twist

Jan 24, 2019

  1. Steph2015
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    Steph2015 New Member

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    Back in 2015 our family took a vacation to California. We drove to the airport and a family friend drove our car back from the airport and was told to drop our car off at my sister's house along with the keys. 1 week later I woke up to a phone call from this family friend hysterically crying stating she got into a car accident. Upon further explanation she never dropped our car off at my sister's house, but instead took it to a concert and drove it to and from work for an entire week resulting in a rear end collision in a parking lot as she was pulling into work. Keep in mind at the time we were in a totally different state halfway across the United states on vacation, and had no idea she would lie and keep the car instead of dropping it off as instructed. She filed a police report at the scene and my car had to be towed as it was not drivable. No one went to the hospital at the scene and there was minimal damage done to the other individuals vehicle. (Apparently she ran into the back of his work trailer). I immediately called our insurance company and let them know I never gave her permission. They looked more into it that week and since she never renewed her car insurance the responsibility I BELIEVE got passed down to us.

    So here we are 3 and a half years later recieving a letter from the other parties insurance company stating our insurance company denied the bodily injury portion of the claim and that we owe $21,604.49 signed by a subrogation handler. We did not have bodily injury protection as this car was just a second vehicle barely used. Can someone give me more insight on this? How does one get a letter 3 and a half years later stating they owe $21k due to bodily injury when the man never went to the hospital at the scene and had minimal damage. Shouldn't his insurance company be suing this family friend of ours since I clearly stated that I did not give her permission to drive our car. I'm just at a loss and depressed looking at this letter.
    Thank you all in advance
     
  2. fed up
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    fed up Super Genius

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    Who filed for the Bodily Injury? The friend or the driver of the vehicle she hit?
     
    fed up, Jan 24, 2019
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  3. Steph2015
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    Steph2015 New Member

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    The driver of the vehicle that she hit. The friend had no insurance at all. From what I'm reading, Florida statues and limitations has a 4 year filing limit/time to file a lawsuit. We just recieved the subrogation letter at 3 years and 7 months after the date of accident (the first we have heard anything). We have not been served with a court date or any lawsuit yet. If we can make it 5 more months I believe we're in the clear.
     
  4. fed up
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    fed up Super Genius

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    I am a bit at a loss. Your friend drove your car and was involved in an accident. Your policy would have paid through liability coverage, under permissive use, any claim by the other party for medical bills. You informed your company that your friend did not have permission to drive the car which is akin to saying she stole the vehicle. Seems that the suit would have gone to her personally (it wasn't her vehicle involved in the accident so her insurance would not pay) and, via shotgun approach, a claim looking for coverage under your Bodily Injury Liability but your carrier would decide to not pay because you said your friend did not have permission to drive the vehicle. Call your carrier and inform them of the letter and ask them for advice. I think you stepped in this one.
     
    fed up, Jan 24, 2019
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  5. Steph2015
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    Steph2015 New Member

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    Our car only had property damage coverage. Our friend had absolutely no car insurance at all. So when she took our car while we were on vacation without our permission and got into an accident, they looked into her insurance first (she never renewed so she had no insurance) then I called my insurance company back and gave them my insurance which covered his property damage. Our policy would never have paid bodily injury protection to begin with because we only had the very basic coverage on it as it was our second vehicle that we rarely used.

    At this point, I'm not even worried about the subrogation letter from the claimant's insurance company because without a lawsuit they cant collect. They have 5 months left according to Florida statues to file a lawsuit. My question though is how soon will a lawsuit follow after a subrogation letter first arrives.
     
  6. fed up
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    I would watch your mailbox or wait to see if you are served notice. The fact that there is a subro letter would be an indication to me that the person means business. What could the possible additional cost be to decide not to carry liability coverage? Call your carrier and ask for advise
     
    fed up, Jan 24, 2019
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  7. Steph2015
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    Steph2015 New Member

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    We have full coverage currently and have for years but with a different company. We just didnt have coverage on that specific vehicle because it was barely used. We have already called our insurance carrier that we had back in 2015. They said they are not paying for the bodily Injury portion of the claim and would like me to fax them a copy of the subro letter. What baffles me is why did it take 3 years and 7 months to send us a letter requesting 21k when according to the police report it happened in a parking lot and no ambulance was called and barely any property damage to his vehicle.

    I do have a question regarding the subro letter. From what I've gathered unless I'm wrong, the subro letter is from the insurance company. Or is the claimant requesting this subro letter mailed. Sorry for all the questions. I've been up since 3:30 doing research trying to figure this out because I can promise you, no one is paying 21k for an accident that occurred in our vehicle when she was not authorized to drive and we were not even in the same state. I have proof through our flight itinerary that we were not in Florida. I guess I just want to know is the insurance company trying to mean business because they know they only have 5 more months before the claim will never be paid or is this the individual who got hit that is requesting it.
     
  8. WinoBlues
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    WinoBlues Guru

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    You may not be stating your coverages correctly. I do not live in Florida. In your state you can drive without liability coverage? If so, why would you cover property and not liability? Liability is potentially the bigger number.

    She had no insurance, You gave her the keys. The other company already paid. They have very little to lose going after you.
     
  9. Steph2015
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    Steph2015 New Member

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    In Florida you do not have to have bodily injury liability insurance, only property damage. It is not required. Yes we gave her the keys but only to drive our car back from the airport after dropping us off to my sisters house and give my sister the keys. They did not do this in a timely manner. Waiting 3 years and 7 months to send a subro letter when FL statues is 4 years to sue for personal injury in an auto accident is definitely calling it close. They have 5 months to send it to collections, contact the claimant and then the claimant has to decide if they want to personally sue. (From what I've gathered. Please correct me if I'm wrong. This is why I posted)
     
  10. Steph2015
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    Steph2015 New Member

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    I'm not contacting the other parties insurance company even though I'm seriously curious as to how 21k occured in medical bills when it was a fender bender in a small parking lot. She hit the back of his work trailer. He said I'm ok, they exchanged info, police report was filed. We flew back from California 2 months later and we never heard a thing until today. 2015-2019....
     
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