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If I'm sued on a subrogation claim from an auto accident case (where I had no b.i.), will I be sued by Insurance Co who pays UM?
Anonymous5 views10 answers
I was involved in an auto accident where I hit someone from behind. There were 4 adults in the person's car I hit. 1 adult has a UM policy of $10k, another adult has a U/M policy of $25k/$50k.
My question is, hypothetically speaking, if Insurance was to pay out a total of $35k from a UM policy, should I expect to be sued (by the insurance company) thereafter personally through subrogation?
If I was sued and a judgment was entered, could I file bankruptcy after to relieve myself from having to pay on the judgment?
Thanks
Yes in almost all cases the UM company will come after you for subrogation. There may be ways to avoid it if you can obtain a release from the people you hit by possibly coming to a settlement with them directly. However, it must be done before the UM settles the claims. You need to obtain an attorney. It would also be a good idea if you obtain more insurance than just the state minimum required PIP. That way you will not only protect yourself but you will also get an attorney paid for by the insurance company to defend you.
Yes, you will be sued and filing a bankruptcy may relieve you monetarily, but check with your department of motor vehicles as your drivers license may also be at stake.
Yes - the insurance company will likely seek subrogation. Yes - you could discharge the judgment in bankruptcy. However, it would be worth your time (and money) to speak with a qualified attorney about your options and how to minimize your potential losses. Good luck.
Clifford M. MillerLitigation LawyerVero Beach, FLFL licensed ·
The payment by the UM carrier (or property damage carrier) entitles it to pursue you to a judgment for reimbursement. If the victims had insufficient UM, they can sue you successfully for the amount not covered by their UM. Bankruptcy would probably erase any obligations to pay, except if the judgments are based on DUI. You could also file for bankruptcy now and end the carriers' efforts (and the victims' efforts) to get money from you.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Yes. And yes..
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Yes, you will definitely be sued by the insurance company after it has made payments under its UM policy. This process is called " right of subrogation". In most cases, the insurance company will notify you in advance of its intent to subrogate/ seek reimbursement for all payments made under the UM coverage portion of its policy . It's in your best interest to negotiate and attempt payment arrangements with the insurance company before the filing of lawsuit against you in order to avoid accruing additional costs and legal fees.
Best of luck.
Yes you will most likely be sued unless they run a credit check and determine you are not collectable. You can use an attorney and try to settle the case by making payments. You can likely get a bankruptcy discharge as long it was mere negligence. Good Luck!