What are my rights as someone being sought for Subrogation?

Asked almost 2 years ago - Sacramento, CA

I was involved in an accident over 18 months ago, car jumped in my lane as traffic was coming to a stop shortening my stopping distance. I find as I am reporting my claim that my policy had lapsed a few days prior unbeknownst to me. Tried to contact other Insurance company with no success, due to the fact I do not think the other party was covered under the policy I chalked it up to being a 50-50 loss and went on with life. Last week I received a letter seeking subrogation in the amount of 28k, 12k for PD and nearly 16K for injury to which no one on scene was hurt? My question is what are my rights? I know no details on how they deemed the validity of my fault, if the driver was covered or how and why they paid out? What do/can I do? I take responsibility for my part, not sure what it is?

Attorney answers (4)

  1. Bret A. Schnitzer

    Contributor Level 16

    5

    Lawyers agree

    Answered . I cant tell you what the law is in California because I do not practice there. I can tell you in Michigan if you do not have the required No-Fault insurance on your vehicle, you are liable for everyone who makes a claim for No-fault benefits and gets paid by their carrier. The carriers pay out the claims and than sue the uninsured owner for subrogation. The insurance carrier also contacts the Secretary of State and have the uninsured vehicle owners Drivers license suspended until they pay the debt. Pretty harsh, isn't it. I suggest you seek counsel from an attorney in CA at once and find out what is going on legally in your situation.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more
  2. Bret A. Schnitzer

    Contributor Level 16

    5

    Lawyers agree

    Answered . I cant tell you what the law is in California because I do not practice there. I can tell you in Michigan if you do not have the required No-Fault insurance on your vehicle, you are liable for everyone who makes a claim for No-fault benefits and gets paid by their carrier. The carriers pay out the claims and than sue the uninsured owner for subrogation. The insurance carrier also contacts the Secretary of State and have the uninsured vehicle owners Drivers license suspended until they pay the debt. Pretty harsh, isn't it. I suggest you seek counsel from an attorney in CA at once and find out what is going on legally in your situation.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more
  3. David J. McCormick

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Hopefully you reported the crash to the police. Ask for a written explanation of why they think you are at fault. When you receive the explanation then compare it to what the office said in the accident report. If no police were called, then it is your word against the other driver’s and you will have to defend yourself or pay out of pocket for an attorney to represent you if they sue you.

    Given the claim being filed against you, you may want to check with your old insurance company and see they illegally cancelled your auto insurance.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Manuel Alzamora Juarez

    Contributor Level 20

    Answered . The reason your policy lapsed is because you did not pay your premium when it was due. In response to your rights, you have the right to see a doctor for your injuries and request compensatn for your injuries. If the accident was not your fault, you have the right to sue the other drivrer or the owner of the car. Some insurance company paid the other person's damages that means there was insurance on the car. Without your side of the story, the other insurance company had only the other driver's story and since you had no insurance, they are after you personally to pay for their costs (subrogation). Please get a lawyer and ask him to advise you. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general... more

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