Subrogation?

[mrsilv04]

Last year, I was hit from behind at a stop light. The police wrote up a report, and found the other driver at fault. We exchanged information and went on our way.

I opened a claim with the other driver's insurance company. They paid out $700 right away to replace the back bumper on my truck. I also had about $1500 in chiropractic treatments and care, which took a couple of months to complete... and to be released by the Chiropractor.

However, while I was being treated by the chiropractor, I quickly found out that the claims adjuster for the other driver's insurance company was not a nice person. He made each and every phone call with me a miserable event. He would ask me questions, and then ask me the same questions... but re-worded in a different way. It was as if he was taking the claim out on me. I suspect that they simply have a problem with paying out on Chiropractic care.

I finally decided that I'd had enough of his rubbish, and told him that he was consistently being very rude with me, and that all future communication between us would be in writing only.

As I was wrapping up my chiropractic treatment, he notified me (by mail) that he was closing my file, and since it was being closed, any future settlements would need to be coordinated through a lawyer (who I would have to hire).

Should I simply file a claim with my insurance company, and let my insurance company pursue subrogation with them? (Or just see if my insurance company contacting them is enough to get the claim paid?) If it goes to subrogation, well...isn't that part of what I pay premiums for?

 

[CT8]

You insurance has tons of attorneys on call.

 

[Kuato]

Originally Posted By: mrsilv04
Last year, I was hit from behind at a stop light. The police wrote up a report, and found the other driver at fault. We exchanged information and went on our way.

I opened a claim with the other driver's insurance company. They paid out $700 right away to replace the back bumper on my truck. I also had about $1500 in chiropractic treatments and care, which took a couple of months to complete... and to be released by the Chiropractor.

However, while I was being treated by the chiropractor, I quickly found out that the claims adjuster for the other driver's insurance company was not a nice person. He made each and every phone call with me a miserable event. He would ask me questions, and then ask me the same questions... but re-worded in a different way. It was as if he was taking the claim out on me. I suspect that they simply have a problem with paying out on Chiropractic care.

I finally decided that I'd had enough of his rubbish, and told him that he was consistently being very rude with me, and that all future communication between us would be in writing only.

As I was wrapping up my chiropractic treatment, he notified me (by mail) that he was closing my file, and since it was being closed, any future settlements would need to be coordinated through a lawyer (who I would have to hire).

Should I simply file a claim with my insurance company, and let my insurance company pursue subrogation with them? (Or just see if my insurance company contacting them is enough to get the claim paid?) If it goes to subrogation, well...isn't that part of what I pay premiums for?


Yes. When the other insurance company is being difficult, file with your own and let them chase the other company. It's what you pay them for.

(I used to do auto liability)

 

[Leo99]

See what happens when you try to play nice? You should have gotten a lawyer from the beginning and sued for your pain and suffering.

 

[EdwardC]

Luckily, I've never had to deal with something like this, but I would agree with the others that you should get a hold of your insurance company. I'm almost a little surprised that their adjuster would be speaking to you directly.

Good Luck!

 

[RichardS]

Originally Posted By: EdwardC
Luckily, I've never had to deal with something like this, but I would agree with the others that you should get a hold of your insurance company. I'm almost a little surprised that their adjuster would be speaking to you directly.

Good Luck!


I think it's pretty standard. I was struck by a car in a cross walk, and his insurance company sent me at least one letter a week asking for a written statement from me in regards to the accident, even though I lawyered up that very day. She (my attorney) said they were trying to get anything they could use against me to reassign the blame.

 

[CKN]

Just be aware that some insurance companies will still count that as a claim on your insurance even though it went through subrogation-resulting in higher rates on your insurance.

It happened to me.

 

[opus1]

Originally Posted By: CKN
Just be aware that some insurance companies will still count that as a claim on your insurance even though it went through subrogation-resulting in higher rates on your insurance.

It happened to me.
True and it happened to me as well, but it was likely still cheaper in the long run than handling things myself.

 

[HerrStig]

The adjuster is waiting for the statute of limitations to rum so he can tell you it's too late to sue.

 

[JTK]

mrsilv- this is what your auto insurance is for. I would have told the other party's adjuster to not call you again and turned it over to your carrier. Your insurance carrier IS your attorney. They'll supply them at no cost to you. You are in the driver's seat so to speak since you were the one rear-ended. No matter the circumstance.

I too have been through subrogation before, but a slightly difference accident. I smacked into a vehicle that ran a stop sign. Because I hit them in the rear quarter panel, the lovely insurance company felt as though I should have had time to stop and avoid him. It was like a 60/40 split to cover the collision damage to my car.

 

[jcwit]

I'm lucky. I had somewhat the same experience years ago, I have a lawyer in the family, we sued the company for 2 million and claims were settled within a month!