Subrogation letter with a twist

Jan 24, 2019

  1. WinoBlues
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    WinoBlues Guru

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    Different states different laws I guess.

    This forum is going to be mostly agents not claims reps. That and being that different sates have different Insurance laws you may not get the answer you seek.

    >>.... I'm seriously curious as to how 21k occured in medical bills.....

    Easily, especially if the driver and or passenger(s) claimed any disability or time off from work. I live in California, you can be sued for anything.
     
  2. Steph2015
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    Steph2015 New Member

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    But why wait 3 years 7 months?!! If you look all over the internet the majority of individuals recieve a subro anywhere from a few months to 9 months. Since this truly was not our fault, I pray that the 4 year statue comes before their decision to sue (if they do). I'm angered and honestly feel for the individual who got hit because it was something that could have easily been prevented if she would have simply drove our car home instead of keeping it for a week secretly hiding it knowing we would never find out since we were halfway across the United states on vacation.

    Does anyone know if the claimant is behind this subro or if this is entirely the insurance company trying to get payment?
     
  3. 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 subrogation letter states she is the 'responsible party' but was mailed to me. Please read to bottum. I've been up since 3:30 am sick to my stomach trying to understand this. I HAVE already contacted the insurance company we had back in 2015 who said they are obviously not paying the bodily Injury portion of the claim because I did not have it on the car as it is not required in Florida and the vehicle was rarely used... FYI Florida statues states they have 4 years to sue from the date of the accident.

    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

    **On the subro letter is states that my friend is the 'Responsible party' but also addresses me as dear:_______ , your insurance company did not pay the bodily injury portion of your claim. Please send $21,604 to ____________. **

    ^ does this mean I will not be the one getting sued if they do decide to sue??
     
  4. adjusterjack
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  5. adjusterjack
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    adjusterjack Guru

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    You could both be sued. Your friend for causing the accident and you for negligent entrustment and/or vicarious liability, both of which are explained at:

    Vicarious Liability and Negligent Entrustment Create Liability for Florida Motor Vehicle Owners

    Well, now you know why you should have had it even if it wasn't required. Florida is a no-fault state up to a limit. Bodily injury lawsuits are allowed if the injured person's injury exceeds the statutory threshold:

    Read the following statute CAREFULLY as you might have defenses if you do get sued.

    Statutes & Constitution :View Statutes : Online Sunshine

    The HOW is explained by the DID. It is common for a rear end impact to be severe enough to cause serious injury even with minimal damage to the vehicle and said injury might not become apparent until several days after the accident.

    The subrogation for $21,000 is likely due to the claimant having purchased increased limits on the Personal Injury Protection coverage. If the insurance company paid $21,000 in medical bills, that's the amount it's trying to recover.

    Uh, you gave her the car and the keys, that's permission even though she might not have obeyed your instructions.

    But that's neither here nor there. If you get sued you will have to defend. That means paying a liability defense attorney. If you want to get in front of this I suggest you take that letter to an attorney who can review the situation and advise you of your options.

    ________________________________________________

    Note to Florida dwellers. Buy the Bodily Injury Liability coverage no matter what, even if you just drive the car once a year. These days it doesn't take much for an injury to penetrate the statutory threshold. And wouldn't you prefer to have an insurance company pay for an attorney instead of you paying?
     
    Last edited: Jan 24, 2019
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