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  1. #1
    AlanWatts is offline Junior Member
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    How long can subrogation take?

    What is the name of your state (only U.S. law)? Florida

    At the beginning of August, my parked car (and two other parked vehicles) were hit. The at-fault person's insurance company said my car was a total loss however since two other cars were hit and the at-fault person has a 10k liability, the 10k would be prorated among the three damaged cars.

    (For the record, my car was insured but only with the bare minumum. My policy didn't cover what happened.)

    This happened exactly one month ago. I've called his insurance company back since and they keep telling me to wait because they are waiting to hear back from the other two people who are going through their insurance. They told me this process is called subrugation.

    I need to fix my car. I am very busy and poor and this has all been a huge inconvenience.

    What can I do? Should I keep calling his insurance company even if they tell me the same things? They aren't a major company like Geico, Progressive, etc. They are a small company. I feel like I'm being taken advantage of and I just want this settled ASAP even if I'm only going to get partial payout for my damages anyway. Should I get a lawyer? I'm too broke for one.
  2. #2
    ecmst12 is offline Senior Member
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    It can easily take longer than a month, the repairs on the other cars have to be completed before their insurance companies can start putting together their demands. Call the adjuster once a week to check on the progress.
  3. #3
    AlanWatts is offline Junior Member
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    At least now I know the difference between comprehensive and collision coverage.
  4. #4
    ecmst12 is offline Senior Member
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    And liability I hope, since that is what you have.
  5. #5
    latigo is offline Senior Member
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    Quote Originally Posted by AlanWatts View Post
    What is the name of your state (only U.S. law)? Florida

    At the beginning of August, my parked car (and two other parked vehicles) were hit. The at-fault person's insurance company said my car was a total loss however since two other cars were hit and the at-fault person has a 10k liability, the 10k would be prorated among the three damaged cars.

    (For the record, my car was insured but only with the bare minumum. My policy didn't cover what happened.)

    This happened exactly one month ago. I've called his insurance company back since and they keep telling me to wait because they are waiting to hear back from the other two people who are going through their insurance. They told me this process is called subrugation.

    I need to fix my car. I am very busy and poor and this has all been a huge inconvenience.

    What can I do? Should I keep calling his insurance company even if they tell me the same things? They aren't a major company like Geico, Progressive, etc. They are a small company. I feel like I'm being taken advantage of and I just want this settled ASAP even if I'm only going to get partial payout for my damages anyway. Should I get a lawyer? I'm too broke for one.
    Not that is has any practical value to you, but ďsubrogationĒ means that the owners of the vehicle that were covered by comprehensive insurance (apparently not yours) are making claims against their respective insurers, who then in turn are making claims against the at fault driver.

    The rights of those insurers are called subrogation rights.

    In other words, those companies who compensate their customers for property damage are by contract entitled - in substitution to -assert their customerís claims against the at fault driver.

    The practical problem is that when it comes to third party claims (such as yours and the other innocents), these highly visible companies (small or big) are avaricious, stingy, weaseling, hornswogggling, chiselers to the marrow! So of course you are being "taken advantage of"!

    If you want to get them off of their dead butts and the replacement costs of your wrecked car is no more that $5K, then sue the at fault driver in a Florida small claims. Very easy to do and that will help get the ball rolling.

    Why because the at faultís liability carrier will either have to settle up or hirer an attorney to defend their client and they hate that as well.

    Plus, since the $10K liability limit is not about to satisfy all the ensuing property damage, you will have an excess in the form of the balance of your judgment, which you may or may not be able to collect, but it will possibly put a hold/suspension on the defendants operator's license until it is paid.

    For information on such a license suspension pending payment of the judgment, call Florida DVM. I ain't going to look it up for you. It's near ****tail hour and my posts are even more illegible after a few.

    Good luck
  6. #6
    ecmst12 is offline Senior Member
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    I'm not sure that going to court will get money in his pocket any faster. At this point, the at-fault insurance company is waiting to receive the demands from the other 2 damaged vehicles so that they can divide the policy limits based on the proportion of damage to each vehicle. This isn't stalling or weasling and I assure you the adjuster wants to get this claim off his desk as much as you would like to receive your money.

    After you get the offer from the adjuster, you can decide if you want to bother going to court for a judgement you will probably never collect. You have to turn down the settlement and wait for your day in court, and at the end of it, the insurance company won't pay any more than the initial offer, so you'd have to go chasing after the owner/driver for the rest.
    Last edited by ecmst12; 09-11-2012 at 08:58 PM.

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