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Auto subrogation against me. I was found not guilty in criminal court.

Buffalo, NY |

I hit another car from behind about 1 year ago. I should have had insurance but my insurance broker apparently skipped town and didn't renew my insurance (I had no idea). it only expired like a week before the accident. My broker was in the news for what he did and I brought the article to the court and was found not guilty of driving without insurance because of his fraudulence. Here it is a year later and I just got a letter saying I owe over $5000 for subrogation. I've been laid off since november and don't have the money. I just bought my 1st house in september and Its not worth what our loan is so that wouldn't do them much good. I have a cheap truck worth maybe $1500 that I own thats my only asset worth anything. What can I do about this if I cleary don't have the ability to pay

Attorney Answers 6


  1. Best answer

    I am guessing the other driver's carrier paid his/her damages and that carrier is now seeking its money back from you. You are responsbile if you didn't have insurance and were at fault. The dismissal of the criminal case has nothing to do with it. I would ignore the letter and see if they sue you.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. You need to hired a local attorney immediately. This is a complex fact pattern, and you need good counsel before you do anything else.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.


  3. I am not a NY lawyer, but even a lawyer on here tells you that you don't (or do) owe the money, the bottom line is still that you are going to need local counsel to either defend you or negotiate a settlement.


  4. Have one of the above lawyers in your state try to negotiate this amount down.


  5. If you are cocerned with your credit you should contact a buffalo attorney to try to resove this before they sue you. Otherwise, you sound like you are judgement proof. Except that any judgment will attach to your home. So you may have a problem if you try to sell the house if it goes to judgment.

    I am in Buffalo if you want to give me a call. 289-0548


  6. You may want to consider contacting the prosecutor's office who is prosecuting your former insurance agent. If he absconded with your premium money and left you in the lurch, perhaps the court could order restitution to you for this money. See if there is a victim's advocate in the prosecutor's office and it may be best to contact the prosecutor through the advocates office.

    Legal Disclaimer:

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    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.