OT: Help...Subrogation Claim

Discussion in 'Credit Talk' started by mel, Apr 13, 2002.

  1. mel

    mel Well-Known Member

    My car was involved in an accident. My kid sister took my car the day before the insurance policy went into effect and got in accident. I live in New England but the vehicle was registered in MI. The insurance co. turned it over to a law firm....Consistent throughout this I have been asking them to file a claim with my insurance of the off-chance they would pay it. The law firm has not done so and have instead opted to pursue legal action. The sent a summons to my mother's address in MI via certified mail. In my answer to the summons I wish to point out they did not file a claim with my insurance co....Any other ideas regarding a response that I can use....Thanks in advance
     
  2. breeze

    breeze Well-Known Member

    There is no "off-chance" that your insurance company will pay this. The date on the policy is the date the insurance took effect, and if the accident happened on the previous date, the insurance company won't pay. You must be very young. ;)

    Insurance companies might be nice to a long-time customer and pay a claim they aren't really obligated to pay, but a brand new policyholder who has just insured a vehicle that has already been in an accident. No way.

    I don't doubt for one minute the other party's insurance company called your company and asked for the effective date of your policy before they decided to turn this over to a lawyer. You are stuck with this. Better make payment arrangements before they get hold of your paycheck.

    Also, if your little sister was not named on the policy as a driver, get ready for your insurance company to send you a non-renewal notice. They don't like situations like this. Your premiums are going to double or triple when you find a company that will take you.

    Wake up! You can't do stuff like this and get away with it.
     
  3. lbrown59

    lbrown59 Well-Known Member

    This is an example of why the driver should be insured not the car.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Why did you let her take the car what without insurance upon it?
     
  5. breeze

    breeze Well-Known Member

    No, this is an example of why you should not go uninsured, no matter what. My guess - mel is in the armed forces, and left his car with his famliy. He probably canceled the insurance because he thought no one would be driving the car. Servicemen who are deployed or in training and cannot take their vehicles with them, and want to cancel their insurance, should store the vehicle on the base, not leave it with friends or relatives.

    Either little sis couldn't resist the urge, or he had not told his family that the insurance was cancelled, so she though it was no big deal.
     
  6. lbrown59

    lbrown59 Well-Known Member

    I don't see why he would be required to pay for insurance for his sister.Let her pay for her own.
     
  7. lbrown59

    lbrown59 Well-Known Member

    1*Since when do you have to list all your kin folk on the policy?
    2*She wrecked the car not him.
     
  8. breeze

    breeze Well-Known Member

    Because this is the way it is. They are suing him not her.

    Unfortunately , if you want the laws changed, you must go through all the red tape of changing them via the legislature. You cannot just announce to the world that you don't like it, they must do it your way.

    You are not offering a solution for mel, you are theorizing on the way you think things should be. That's fine, but it does no one any good.

    Why don't you write a letter for mel to send and tell this lawyer what all he is doing wrong, and see what happens???
     
  9. breeze

    breeze Well-Known Member

    BTW, I am telling him what the law is now. You can argue with me all you want - I didn't write the law. I do know the law because I deal with insurance 5 days a week.

    Since he lives in the real world and the laws apply to him, don't you think it is better if he gets answers relevant to the law? I don't understand why you want to argue with me. Go argue it in front of your state's legislature, if you think your way will work.
     
  10. Why Chat

    Why Chat Well-Known Member

    If your "little sister" had a valid drivers license and was living at home, she might be covered under your parent's auto policy. If she did not have a valid drivers license and is under (I think 14 ) she might be covered under your parent's homeowner's policy.
     
  11. GEORGE

    GEORGE Well-Known Member

    You will have to pay for a new car and if she was at fault...the other driver's damages...the insurance company will NOT pay a penny...but make sure they refund the insurance money, because they are no longer covering the car...
     
  12. GEORGE

    GEORGE Well-Known Member

    DON'T DEAL WITH THE LAW FIRM...(they probably will "TAKE" their cut of every dollar you pay)...

    I would deal with the other driver direct or their insurance company...
     
  13. lbrown59

    lbrown59 Well-Known Member

    1*Breeze I know this but that still don't make it right.

    2* The thing that irks me about this is the innocent party is the one who gets sued while the guilty person goes free.

     
  14. lbrown59

    lbrown59 Well-Known Member

    Seem like there is some question as to who is responsable for insuring the girl.
     
  15. lbrown59

    lbrown59 Well-Known Member

    Why don't everybody in the family buy her a policy? then they will all be safe?
     
  16. lbrown59

    lbrown59 Well-Known Member

    Breeze I am not arguing with you just stating some Points to Ponder.
    Just like in the credit industry there is also much room for improvement in the insurancy industry.
     
  17. lbrown59

    lbrown59 Well-Known Member

    Good point George - what if she's not at fault?
     
  18. GEORGE

    GEORGE Well-Known Member

    He only has to buy himself a new car...AND she has to pay a ticket for driving with-out insurance...
     
  19. lbrown59

    lbrown59 Well-Known Member

    And what does the other driver have to pay or is it the other owner .
    See what a screwed up mess insurance and insurance laws are in.!
     
  20. GEORGE

    GEORGE Well-Known Member

    The "OTHER" driver's insurance PROBABLY won't pay anything for his car even if their insured is 100% at fault because the driver of "HIS" car was NOT insured...

    I'm NOT an expert...JUST my opinion...
     

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