Uninsured Drivers and Subrogation
Posted on Jun 30, 2014 9:00am PDT
Were you in an accident with an underinsured or uninsured driver? Then you might be able to find compensation through a claim with your own insurance, if you have an underinsured or uninsured motorist (UIM) policy. Then your insurance has to get at least some of that money back from somewhere, since you were not the at fault driver. An insurer can do this through subrogation. This is when an insurer goes after the at-fault, uninsured driver.
The good news is that the process will probably not involve you at all. The insurance company will likely handle everything. The only way you might have to enter the scene is if the insurer's lawsuit has to have your name on it, and you are asked to appear at a deposition or court hearing.
A subrogation lawsuit is usually pretty simple for an insurance company. While their victory is hardly in doubt, the amount they might collect is uncertain, and in some cases, the lawsuit may be dropped. Most of the time, uninsured drivers are simply unable to give much money to the insurance company. An insurance company will not spend a great deal of time and court costs on such a partial repayment of the settlement they paid out. But usually speaking, the lawsuit will go through, and the defendant will have to pay something, but they may be able to settle for less than the insurer wants. A defendant could greatly benefit from the advice of an attorney in this case.
(Are you yourself an uninsured driver? Even if you have insurance but not enough, not only could this be illegal, but you could be costing yourself a great deal in finances and stress down the road.)
If you are unsure what your own insurance policy covers, and how you can prove fault in a car accident, be sure to call a car accident lawyer today for the answers and advocacy you need!