Subrogation calls for a car accident - no insurance and owe an outstanding amount that I cannot afford. Please help?

Asked over 1 year ago - Los Angeles, CA

I was in an accident 6 months ago. Although he technically hit me, I was the one who pulled up in front of him so I understand this is considered my fault. I gave him my insurance info and we parted ways. The problem is my insurance had been canceled due to the fact I hadn’t paid it. Therefore I had no insurance. I didn’t hear from anyone- no letter, no call. I was hoping it somehow went away but now I am getting calls from a subrogation company asking for 13,000! The damage was not very bad on his vehicle, nowhere near that amount in repair fees. They are calling my parents house because the car is registered under my fathers name. There is no way I can afford this. Can the amount be lowered? I really do not understand why it is so high. I don’t want them to get my dad involved.

Attorney answers (7)

  1. Steven Mark Sweat

    Contributor Level 19

    9

    Lawyers agree

    1

    Answered . First and foremost: You need to get your insurance reinstated or you face possible license suspension and other consequences. Second: You need to try to negotiate a settlement and/or payments or consider other options (such as personal bankruptcy -- last resort).

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . A local attorney in your city can try to negotiate this down and get you on an affordable payment plan.

  3. Cary Michael Johnson

    Contributor Level 4

    5

    Lawyers agree

    1

    Answered . 1. Contact an attorney
    2. Hire an attorney
    3. Negotiate an affordable attorney fee
    4. Negotiate a payment plan before they sue you and/or your father
    5. If they sue you and/or your father have your attorney contact their attorney and negotiate a pyament plan
    6. If your drivers license gets suspended have your attorney request a DMV Hearing to reverse the suspension
    7. I have handled these types of situations before, you are welcome to call me

    Cary
    cj@cjesq.com
    310 927 2252
    www.cjesq.com

  4. Douglas J. Schiffer

    Contributor Level 5

    5

    Lawyers agree

    1

    Answered . Unfortunately, this is the biggest nightmare when you drive without insurance. The next being a license suspension from the DMV . The license suspension can usually be modified to a restriction. As for the outstanding damage, both you and your Dad ate on the hook. The best bet is to negotiate a lump sum buy out where you offer say 50 % of the debt, and see if they bite at it. If not you could start a monthly payment plan for the full amount. The creditor would rather take a lump sum. An attorney could negotiate your options, but you will most likely have to compensate him. Last option ,let them get a judgment against you in the next few years , and then file bankruptcy along with any other debts. This obviously impacts your credit.

  5. Michael Raymond Daymude

    Contributor Level 20

    5

    Lawyers agree

    Answered . Since the car is registered in your father's name -- he is involved. If you do not want him to be you need to satisfy the subrogation claim or he will have to do it. A consultation with an attorney is in order.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  6. Richard Andrew Harting

    Pro

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . Your father is involved as a matter of law since he is the registered owner. If its your car get your dad off the registration (won't help for this matter). Have Subro give you a copy of the repair bill, pictures and proof of payment for the repairs. Verify the damage was the same as in the accident and not enhanced for non-related items. Negotiate a payment plan.

  7. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . Contact a lawyer in your community for a consultation.

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