Can I settle a subrogation claim for less?
6 attorney answers
The short answer to your question is YES. You can always negotiate however, it is a good idea to retain and experienced attorney to ensure that your rights are protected.
For starters, all of these types of claims are negotiable. You need to contact a competent auto accident attorney who can prepare the documents (called releases) that will protect you from any further claims or legal actions against you arising out of this incident.
I agree with my colleagues. You may want to consult with a local auto accident personal injury attorney to evaluate the details of the case to help you lower the settlement amount. I hope you found my answer helpful.
like businesses where there is a boss (i.e. “principal”) who hires employees (i.e. “agents.”)
The boss sometimes provides a vehicle for his employees to use in order to carry out the
bosses business. In much the same way, there is a “head of the household” that often
provides a vehicle (car, truck, boat, etc…) for the use, enjoyment and convenience of family
members. What if an employee, while engaged in the boss’s business, is involved in a car
accident that’s the employee’s fault? In that context, doesn’t it make sense that the boss
(and his business) should bear at least some responsibility for the accident? The employee
is an agent of the business. He is the alter-ego of the boss. He is a representative of the
In similar fashion, if/when a parent keeps a car for the pleasure or convenience of family
members, the parent is essentially operating a business and is acting as a boss (i.e.
“principal”) who makes it his business of providing for the enjoyment, pleasure, comfort and
convenience of family members (i.e. “agents”) - including his children. As a “boss,” the
parent can be held responsible for accidents that are the child’s fault. Actual ownership of
the vehicle is not determinative, nor does it necessarily matter who has title to the vehicle,
who has insurance on the vehicle, or who pays for the maintenance or upkeep of the vehicle.
CALIFORNIA: Parents are responsible if the parent has knowledge of the child's potential for misconduct and fails to take reasonable steps to prevent such misconduct; if the parent has signed the child's driver's license application or the child drives the parent's car with the parent's knowledge and permission; if the child is guilty of willful misconduct; or if the child is given ready access to a firearm.
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If you agree to handle the medical bills as part of the settlement then you can negotiate for reductions. Make sure that this money is included into any settlement amount. Insurance companies negotiate on these bills all the time and pocket the difference. The only difference this time is your son gets the benefit of the reductions.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
You should have reported this immediately to your insurance carrier as they could have denied coverage for failure to promptly report the claims. It is good that they now appear to be handling the claim. Let them negotiate a settlement, pay your deductible (if applicable). Your insurance adjuster will require a release agreement as a condition for payment which will absolve you of further liability for whatever claims are settled.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
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