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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.

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โˆ™ 2006-03-26 15:15:53
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Q: What should you do when hit with a subrogation claim that is false?
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What does waiver of subrogation in insurance mean?

Endorsement to a property liability policy whereby an insurer gives up the right to take action against a third party for a loss suffered by an insured. Typically, under terms of the, the insurer, having paid an insured for a loss, takes over any rights possessed by the insured who has suffered the loss. For example, an insured, John Smith, is hit by another car while he is driving. His insurance company pays his claim and then may sue or attempt to recover damages from the other driver. In certain instances, the insured might want to get a waiver of subrogation rights from the insurer. For example, if a landlord assured a tenant that the tenant was not responsible for damage to the landlord's property, the landlord could make good on that promise only by getting the insurer to waive its subrogation rights. Otherwise, if the landlord's property was damaged by the tenant, the insurer would have to pay the claim and could then try to collect damages from the tenant.

What do you do if the driver who hit you does not agree to contact their insurance company?

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.

If you hit something while driving your car what kind of claim do you file?

a collision claim

I have liability only and was involved in a hit and run but you hit some other cars when you were hit?

If you were the victim of hit and run driver, and your vehicle damaged others as a result - notify your insurance company and it, and the insurance companies of the other damaged vehicles, will engage in what is known as "subrogation" of the costs of repairing the vehicles involved.

You filed an insurance claim with Allstate their driver hit your vehicle however Allstate claims that they can not find the driver to dispute the claim?

You still could pursued the claim under the vehicle. If the vehicle that hit your is being insured by Allstate Insurance, you should be able to set up the claim under that vehicle. Allstate might try to denied your claim based on unscheduled driver but they might get your car fixed with no question ask if you have a police/accident report.

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Should you go through the drivers insurance that backed out and hit your car while you were driving?

As long as their adjuster is being reasonable and is handling your claim quickly it will be fine to just let them handle the claim. If they are giving you trouble talk with your insurance agent and see if they can help you with the claim.

Who is responsible for repairing your mailbox if two cars collided and one hit your mailbox?

The car that hit it will be responsible. If they were not the ones responsible for the accident, they may counter claim against the other driver. The insurance of one of the drivers should cover the cost. And don't forget to claim damage to the grass!

Driver hit your car with a piece of debris from the highway resulting in damage to my car?

It's not clear what your question is. You should be able to claim insurance on it.

What happens when there has been a hit and run on your car when you don't even know how it was hit or who hit it but you are insured?

You will need to file a police report. There may be a camara where your vehicle was parked. If your vehicle has comprenensive coverage, you have coverage for this type of claim, but it will be less your deductible. You should contact your insurance agent. If the damage is under the deducible, you may not want to submit a claim.

If you hit another car in parking lot do you pay there deductible?

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.

What should you do as the pedestrian who was hit by a car if police did not issue any traffic or careless driving ticket to the driver at fault?

File a claim with his insurance. Or sue.

How many car insurance claims can you make before your insurance goes up because I made a claim about a year ago that wasn't my fault which I made a claim for and I just had another person hit me?

If you provided the insurance company with details of the person who hit you and they were able to recover from them then you should not be penalized at all for the accident.

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.

Car hit on private car park?

If your car is being hit on a private car park, you should call the police and report it and later on claim the insurance that was being put in your car to expense all the repairs of it.

What if you cant find who hit your car?

Go for Insurance claim

You hit your neighbors garage with your car and they havent filed it yet What if they file it nine months from now what will happen?

They should have at least one year to file a claim.

Can someone make an insurance claim against you if you did not hit them at all just a near miss they now claim the near miss damaged their brakes?

No, if no contact is made, there is no basis for a claim.

Why are baseballs replaced when they hit the ground on the way to the catcher in MLB but not when they hit the infield dirt?

this is a false question...

If you are at fault for a hit and run is it better to claim it through insurance?

of are opening yourself up (and perhaps your parents if you are a minor) for alot of trouble, by not reporting this should you be found out.....

How do you collect a claim if the person that hit your car does not own the car?


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Should you report a hit and run to your insurer if you have no collision coverage?

Well, they will just formally deny the claim because there is no collision coverage on the policy, but I would anyway, just in case, (believe me I've seen these), two months down the road, the hit and runner, files a claim that you hit their parked car and left, and the damages could match up. Just to protect yourself I'd file it, and with the police as well.

Hit and run parked car plus no witnesses?

If it's your car that got hit, you should still make a report to the police. (You never know, they may find the person that hit you). Insurance will still take the claim, but it may take more time to process, and you'll have to have the appropriate insurance. If you hit the car, you should leave a note with your contact info and insurance info so the owner can get back to you.