This is an update about a subrogation claim that an insurance company made against me. If you are not already familiar with me situation, you will have to read the pervious posts and feedback below to understand this update. I sent a validation letter as was suggested to me by member LB 9. I mailed it certified with return receipt requested. I'll have to see what happens. I also called the insurance company that made the claim against me. After about 2 hours on the phone I finally talked to someone that knew about the claim. They told me name of the insured that made the cliam against me, the alledged date the incident occured, the time, and the "vehicles" involved. It turns out that the vehicle I was alleged to have been in is not even close in description to any vehicle I own, or have ever owned. No family member or friend of mine has a vehicle fitting the description either. To make matters even more confusing, the insurance comapny informed me that i was alleged to have been driving a vehcile owned by another family member (my mother), and that they are in the process of filing a joint claim against her. On the day of the alleged incident my mother was watching my children. The insurance company told me that there was no accident report taken and that there is no official record of the accident. The insurance company then informed me that they would not answer any more questions regarding this matter and that I would have to deal with the collection agency. I still haven't figured out how my name became involved in this matter since I was never part of any accident on the alleged day, time or location. Even more odd is how my mother is now involved in this matter. I've had problems in the past with people using my identity, but these matter have been cleared up, or so I thought. The matter has been turned over to my insurance company along with my mothers. The insurance company told me to send proof to the collection agency that I wasn't involved in the alleged incident. My position is that why should I hold the burden of proof for something I wasn't involved in. I cannot prove a negative. In other words there is no need for me to prove anything because I wasn't involved. This is the position my insurance company is also taking. I am going to have to wait and see what happens. Does anybody know what information a collection agency is obliged to send me when I request validation in a matter like this? I sent the letter 2 days ago disputing this alleged debt. What is my next step if the collection agency does not respond to my requests? _________________________________________________ BELOW IS FOR PEOPLE WHO HAVE NOT READ MY PREVIOUS POSTS. Thank you to everybody that responded to my post on 10/27/02. For those of you that didn't get to read my previous post, here's the deal: A collection agency sent me a letter saying that I owe $2,000 for a subrogation claim by an insurance company. As the story goes, a person made a claim to their insurance company for damage to their vehicle. The insurance company paid for repairs. Now, their insurance company is holding me responsible for the damages. I know for sure that I wasn't part of this alleged incident. Furthermore, there is no police report or any information that can show cause that I am related to this incident. Now for the updated events that took place since my last post: I spoke with the collection agency and told them that this is a false claim. The collection agency kept saying that the insurance company that they are representing conducted an investigation and found that I was responsible for the damages. The collection agency also told me that if I wanted to dispute this claim, I had to send them proof that I didn't cause the alleged damage. This is absurd because I can't prove a negative. I don't have proof because this simply didn't happen. I am not in the collection business, they are. The collection agency also told me that there is a chance that my license could be suspended because of this. I think this is simply stupid. How can I loose my license because of this when there is no police report or any traffic violation on record for this. I know this because it didn't involve me and also because I called and checked just to make sure nobody used my name. Of course I know collection agencies use a variety of strategies to try to get people to pay. The thing I can't figure out his how this insurance company got my name involved. I have asked the collection agency to send me their file on this case including investigation documents. They told me that they don't have the "physical file" but would send me what they have. I'll have to wait to see their "file" show up in the mail. I have also written a letter to the collection agency officially protesting this false claim. I made sure to send this certified mail to make a record. There are some questions I have for anyone who can further help me: What burden of proof does the collection agency need in this matter? Based upon the information in this post and my previous post does the collection agency have a basis to sue me in civil court? Can the collection agency try to post this on my credit reports before the matter is settled in court, or can they post subrogation matter on my credit report at all without any basis or proof? I am told by the collection agency that don't have to honor my request of validaiton of this debt because subrogation matters fall under different regulations than regular collection matters. Is this true? If so, how? What are there the next steps I should take? Thanks to all who took the time to read this. Any ideas or advise would be greatly appreciated Re: Subrogation claim part II gib | 550 posts since Mar 2002 204.49.67.9 | 10.30.2002 @ 11:05 I would file a complaint with your state's insurance commission. Gib "First they ignore you, then they laugh at you, then they fight you, then you win."- Mahatma Gandhi Re: Subrogation claim part II lbrown59 | 5905 posts since Feb 2001 205.188.197.31 | 10.30.2002 @ 11:38 1*I know for sure that I wasn't part of this alleged incident. 2*Furthermore, there is no police report 3*I don't have proof because this simply didn't happen 4*I know this because it didn't involve me. 5*What burden of proof does the collection agency need in this matter? 6*Can the collection agency try to post this on my credit reports before the matter is settled in court, or can they post subrogation matter on my credit report at all without any basis or proof? 7*I am told by the collection agency that don't have to honor my request of validaiton of this debt because subrogation matters fall under different regulations than regular collection matters. Is this true? If so, how? 8*What are there the next steps I should take? mmmm ================== 1*How do you know? Why are you so sure? 2*So there is no report showing it did not happen either is there? 3*What makes you think it did not happen.? 4*Why didn't it? 5*They have to prove it not you. 6*Unless you have sent validation they can report it. 7*They'll tell you anything . 8*Send the validation letter now.! LB 59
I did a little research, not much, but some things did come up: 1. I went to several websites that belonged to collectors who also collect on subrogations claims. Most of them stated somewhere on their site that as 3rd party collectors they are subject to the FDCPA. So the CA you're dealing with is trying to blow smoke - if they don't validate, it's a violation. 2. In this article from the Texas AG http://www.oag.state.tx.us/newspubs/releases/2000/20000801allstate.htm, detailing their settlement with Allstate regarding subrogation claims, it states that they can't threaten to put it on your credit report. "In fact, the amounts Allstate was demanding were not debts, only claims by Allstate. They could not be reflected as unpaid debts on a credit report" Hope this helps a little, it's all I had time to find this morning.
As the story goes, a person made a claim to their insurance company for damage to their vehicle. mmmm ========================= Who was this person? LB 59
Why you are even bothering with validation and such is beyond my ken. If you truely are being taken advantage of here, let your state's insurance commission deal with them. That's what they are there for. Gib
Gib, There are a few reasons that I am handling this matter the way I am. 1) At this point, this matter is a claim, not a debt. In order for the ca to collect they must take me to court. 2) The state this alleged matter "occurred" in is a bordering state, not the one I live in. I am looking into the regulations of this state as well as mine. 3) I would like to take this matter step by step and increase my actions as needed. As of now I have a piece of paper that says that there is a subrogation claim against me, and that's all I have. Write back and tell me what you think.
LB 59 To answer your question as to who this person is, I don't know. I have the name of the insured that made the claim to their insurance company and I have not had a chance to get more info because of the weekend. Also note that the insurance company making the claim is not my insurance company.
Waalien, Thanks for the very useful information you gave me! Are there any other articles or more info that you could tell me about?
You mentioned htat you had a problem in the past with someone using your identity? - Do you have police reports or any other papers to prove this that you could provide to the insurance company? Really, it might just be worth hiring a lawyer to write a letter to the insurance co. telling them to back off unless they have proof this was you....cc:ing the insurance commissioner.
I know that,but have you complained to the insurance commissioner about the insurance company making the claim against you? Call them up and let us know what they say. BUDGET HOMES CO.
