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.
No, this is false. Why would people make up such baloney?
sandy hit the bed
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 http://www.answers.com/topic/subrogation-clause, 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.
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.
a collision claim
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.
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.
It's not clear what your question is. You should be able to claim insurance on it.
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!
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.
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 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.
File a claim with his insurance. Or sue.