Subrogation
03-01-2017, 08:46 PM
#1
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Subrogation
Quick story:
Parked in Best Buy parking lot. Another driver in a rental backs into the S, damaging the bumper and breaking the rear tail light.
Driver had insurance through rental car agency. I called them and they stonewalled for months, claiming they could not contact the driver so they cannot determine fault.
So I get my insurance company involved, they fix the damage and my deductible is off in subrogation limbo.
After nearly a year and a half, I get a letter that subrogation failed, and I'm out my deductible. The person who hit my car isn't exactly hiding.
So the next option is small claims? Anyone go through this before? I'm looking for pointers.
Parked in Best Buy parking lot. Another driver in a rental backs into the S, damaging the bumper and breaking the rear tail light.
Driver had insurance through rental car agency. I called them and they stonewalled for months, claiming they could not contact the driver so they cannot determine fault.
So I get my insurance company involved, they fix the damage and my deductible is off in subrogation limbo.
After nearly a year and a half, I get a letter that subrogation failed, and I'm out my deductible. The person who hit my car isn't exactly hiding.
So the next option is small claims? Anyone go through this before? I'm looking for pointers.
03-01-2017, 10:44 PM
#2
What information did you obtain from the driver of the rental? How much was the damage? It's going to be difficulty to factor in increased insurance rates in a courthouse setting as well.
The reason why I'm asking for the cost of repair is because small claims has a limit on what you can claim.
The reason why I'm asking for the cost of repair is because small claims has a limit on what you can claim.
03-02-2017, 02:15 AM
#3
Your insurance company is the first, really only, place to call. They should handle the whole thing. Yep you pay your deductible but they should be suing the other insurance company or driver and recovering it. Other than ID never deal with the other driver, that's your insurance company's job.
-- Chuck
-- Chuck
03-02-2017, 07:22 AM
#4
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I've gone through my insurance and they determined I am not at fault, mostly from my evidence and they took the non-cooperation of the other party as an admission of fault. I have photos of the cars, his DL, The insurance info from the rental company and the rental agreement.
Essentially, the driver paid the rental company for added insurance. The rental company's insurance refuses to pay and just stalls, blaming the driver's lack of response as a reason not to process the claim.
They attempted to to recover the claim through the other party, to no avail. Now after 18 months, it's been kicked back to me. while they were handling it I was not to to do anything regarding the other party. Now that they are finished, I am free to try to get reimbursement on my own.
The car's been fixed for a long time now and My rates have not changed. I simply want my deductible back.
So so it's looking like small claims. So I was wondering if anyone went this route before.
Essentially, the driver paid the rental company for added insurance. The rental company's insurance refuses to pay and just stalls, blaming the driver's lack of response as a reason not to process the claim.
They attempted to to recover the claim through the other party, to no avail. Now after 18 months, it's been kicked back to me. while they were handling it I was not to to do anything regarding the other party. Now that they are finished, I am free to try to get reimbursement on my own.
The car's been fixed for a long time now and My rates have not changed. I simply want my deductible back.
So so it's looking like small claims. So I was wondering if anyone went this route before.
03-02-2017, 11:53 AM
#5
I agree with Chuck that your insurance company should be the one pursuing the rental car company... I had something like this happen to me, except that the driver of the other was worked for the rental car company. They stalled for a long time, but as soon as my insurance company threatened to sue, they paid my deductible.
03-02-2017, 01:11 PM
#6
Registered User
isn't your insurance obligated to return your deductible?
i would probably sue your own insurance company for your deductible back since they have the info of the responsible party (rental company's insurance), the deductible amount is their issue, not yours.
i would probably sue your own insurance company for your deductible back since they have the info of the responsible party (rental company's insurance), the deductible amount is their issue, not yours.
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03-03-2017, 02:30 PM
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When going through my insurance company, I was able to get my car fixed.
I went through months of BS with the responsible party's insurance and not getting the car fixed because they stonewalled about the claim and repeatedly "lost" the documentation. Finally, they blamed the renter and said they are doing nothing.
My insuranc e went went to bat for me and took care of the issue, fixed the car, and went after the other driver. They attempted to collect on the claim, but got nowhere. All I was out was the deductible. Subrogation was supposed to get my deductible and my insurance company refunded.
Apparently what is causing this is the other driver is refusing to communicate with his insurance company (insurance purchased at the time of the rental, I have a copy of his rental agreement). I assume he thinks because he paid for it, it's not his problem. But my insurance company says if he is uncooperative, then his insurance cannot settle the claim and that is likely why subrogation failed.
So suing in small claims should get his attention. At least he should call up the insurance company and demand to know why it wasn't taken care of and why he's being sued.
Anyhow, after calling my insurance again, they were surprised I had a copy of the rental agreement (even though I submitted it a year ago). And now they reopened the case and are going after the insurance company directly.
I went through months of BS with the responsible party's insurance and not getting the car fixed because they stonewalled about the claim and repeatedly "lost" the documentation. Finally, they blamed the renter and said they are doing nothing.
My insuranc e went went to bat for me and took care of the issue, fixed the car, and went after the other driver. They attempted to collect on the claim, but got nowhere. All I was out was the deductible. Subrogation was supposed to get my deductible and my insurance company refunded.
Apparently what is causing this is the other driver is refusing to communicate with his insurance company (insurance purchased at the time of the rental, I have a copy of his rental agreement). I assume he thinks because he paid for it, it's not his problem. But my insurance company says if he is uncooperative, then his insurance cannot settle the claim and that is likely why subrogation failed.
So suing in small claims should get his attention. At least he should call up the insurance company and demand to know why it wasn't taken care of and why he's being sued.
Anyhow, after calling my insurance again, they were surprised I had a copy of the rental agreement (even though I submitted it a year ago). And now they reopened the case and are going after the insurance company directly.