You are here:

Auto Insurance Claims/Subrogation Claim Auto Accident

Advertisement

Expert: - 1/28/2009


Question
Hello,

My son who is 20 was in an auto accident,  it was his fault and he had no insurance at the time.  The police were called to the site but there were no citations given.  My son received in the mail a Subrogation Claim for $6,825.94 from a collection service representing the other party.  They want him to pay all or make a payment plan.   Not sure what to commit to on this.  We have never been in this situation.  What do you suggest and what are my son's rights.  He is a college student and works part time.  Thank you

Answer
Hi Brenda,

I do not think you will like my answer here, but I have not been known to sugarcoat anything.

I can not give legal advice because I am not a lawyer. If you need to know about your son's rights, you will have to consult an attorney.

I was brought up taking responsiblity for any of my actions. I would never think about driving without insurance. Not for my benifit, but for the benifit of others.

Granted, it is a difficult way to learn a lesson, but what if the other party was injured or killed?

I would suggest making payment arrangements. I have known some who had legal obligations like this that turned into a judgement and then see the wages garnished.

It may take him ten years to pay this back, but it is a lesson in life that should stick with him and maybe help in making him a responsible man.

I know you are looking at him as your kid and that is fine, but you can't be with him each and everytime he screws up.

I have personally been involved in these issues and from my experience the more the kid is coddled, the more he takes help for granted. I know of one 27 year old that can barely function on her own because she has had mom there all the time.

Good luck to you.

Rob

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

©2012 About.com, a part of The New York Times Company. All rights reserved.