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How can i deal with an insurance company after a subrogation claim has been brought against me?

San Bernardino, CA |

I was in a car accident two years ago, in which i rear ended the car in front of me. To my disadvantage i was in my brothers vehicle which i was not insured for(i was insured just not in that car). Now i have a claim that is being brought against me for $7100 which i can't afford. I am a full time student with a part time job that only gives me about a measley 13 hrs a week if i'm lucky. It would take me a good 6-7 years to pay it off in payments. Is there any way of negotiating with the company to bring it down to at least half of the amount which i could supply in full. If there is how should i go about negotiating. Thank you for your time.

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Attorney answers 4


Don't pay anything yourself. A local lawyer should be willing to help you come to an agreement.


Talk to a local CA attorney. Sometimes the insurance company will accept a lot less than you owe. If you can't get anything worked out, bankruptcy might be a last option.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


In addition to the other posters, in New York a drivers policy follows the individual. Check with your company/agent.


You should contact your brother's insurance company and ask them why they did not pay the claim. You were driving your brother's vehicle with his permission and therefore you are covered under his policy. Unless you were specifically excluded on your brother's policy. Furthermore, your personal automobile insurance company should cover you as well. Your liability is driver specific and covers you for essentially any vehicle you drive. If neither your brother's insurance company and your insurance company will defend you against the claim (or pay it), then I suggest you be direct with the collecting insurance company about your financial situation. You are effectively "judgment proof" with a small income and no assets. A judgment in favor of the insurance company would be uncollectable. Maybe offer a couple hundred bucks to make it go away. I encourage you to play the hardship card as long as possible before offering to pay anything.

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