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Subrogation Claim Against Me

by David

Well, about several months ago, I got in a pretty minor accident (First one). I've just now recently received a letter regarding a subrogation claim and they are requesting for my cooperation. They're seeking 100% of the total claim amount, which is $11,000 300 series/400 series Comp/collision.

My insurance covers $10,000, and to my understanding that means I would cover the difference. But, it seems they want 100%, and I really don't know what I should do,or where I should start. I'm not very knowledgeable in these matters, and I have no problems paying the difference and negotiating.

I just really don't know what I should do. I'm fairly young, and trying to jump-start my life, and this would put a pretty big hamper in things. I truly appreciate any help, and I can give more info. about the case if need. Thank you.


Hello David,

Sounds like you have insurance ($10K limits). You need to contact your own insurance company as soon as possible. You have duty to report losses, and if you do not report, they might not even cover the 10K. Read more at:

Your insurance company has a duty to you to settle with the other insurance company for all their damages and to do it within your limits. In other words, they have to go to bat for here (given that they cover the loss).

They have to subrogate your insurance company, and your insurance company must review all records and damages against you. They must determine if they are reasonable and necessary (which often, they are not), and negotiate. Often times, between insurance companies a $11K claim will be settled for $10K.

The insurance company will not pay the 10K until they have a release against all claims against you or when it becomes apparent that you will be on the hook for 11K (arbitration, small claims court, judgment, etc.).

In either scenario. Contact your insurance company and get them involved. Forward (fax) all information given to you to them and have them cover the loss. If after that, you are still looking at an excess $1K, contact a lawyer.

Good Luck,

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