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What should you do when hit with a subrogation claim that is false?
Wiki User
∙ 18y ago
You have to defend your self just as if the lawsuit was filed by the original claimant. If you have an insurance carrier, tender the claim to them in writing immediately and your carrier should handle it for you. If you don't have insurance, you should hire a lawyer to defend against the claim. In subrogation, the insurance carrier seeking subrogation has the same rights as their policy holder. They bear the same burden of proof that the alleged victim would have had at trial.
Wiki User
∙ 18y ago
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A waiver of subrogation in commercial insurance means that you waive the right for your insurance company to collect reimbursement from the insurance company of the other party. An example would be a subcontractor who is injured by the actions of someone in the employ of the general contractor. If a waiver of subrogation was included in the insurance policy, the subcontractor has given up the right to collect from the insurance company of the general contractor.
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If you have their driver's license number or the license plate number from their car, you can call the Division of Motor Vehicles for your state to obtain insurance information. From there, follow that company's procedure for reporting a claim. You could report the loss to your own insurance carrier and even make a claim if you think the damages exceed your deductible. Your insurance company would then contact the insurance carrier for the other party and make a claim to recover any amounts they had paid you, including your deductible. This is called subrogation.
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What should you do if your insurance already paid a hit and run claim and the driver who did the damage was discovered?
Let your insurance company know who the at-fault driver is, and let them initiate subrogation (a fancy term for: "Give us our money back."). If the at-fault driver is being charged, your carrier will likely turn over supporting documents to the D.A. assigned to the case, who will request restitution be paid (this should include your deductible, if one applied). What you can't do is sue the at-fault driver for all the damages and expect to keep your insurance settlement as well. It's one or the other.
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If you hit the car (i.e., you're liable for the accident), the other driver shouldn't have a deductible - your liability insurance should pay the entire claim.
