Jacksonville, FL asked in Car Accidents for Florida

Q: How to stop subrogation

I currently have a subrogation out against me. When the accident happened I was using my company’s insurance And now they don’t want to pay for.

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3 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I assume you mean, "How can a defend myself in a subrogation lawsuit that's been filed against me?" The answer is that you first consult, in person, an attorney who handles accident defense. You probably will have to pay a reasonable consultation fee. The attorney will go over with you the fees/costs and procedures of the case and should be able to make a recommendation as to whether you should (A) fight the case with the aim of taking it to trial, (B) fight the case but with the goal of reaching a settlement with the plaintiff, or (C) file for bankruptcy. You also have the option of representing yourself, which is never a good idea in this situation unless you wish to try to quickly settle with the plaintiff - and even if you do that, you must protect yourself by timely filing the right kind of pleading in the court to prevent a default from being entered against you.

Charles M.  Baron
Charles M. Baron
Answered
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Correcting typo in my initial answer -

I assume you mean, "How can I defend myself in a subrogation lawsuit that's been filed against me?" The answer is that you first consult, in person, an attorney who handles accident defense. You probably will have to pay a reasonable consultation fee. The attorney will go over with you the fees/costs and procedures of the case and should be able to make a recommendation as to whether you should (A) fight the case with the aim of taking it to trial, (B) fight the case but with the goal of reaching a settlement with the plaintiff, or (C) file for bankruptcy. You also have the option of representing yourself, which is never a good idea in this situation unless you wish to try to quickly settle with the plaintiff - and even if you do that, you must protect yourself by timely filing the right kind of pleading in the court to prevent a default from being entered against you.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: When you indicate that you were "using [your] company's insurance", I assume you mean you were covered by a policy issued by your insurance company. Unless they can prove you weren't covered, your insurance carrier also has a duty to pay your attorney.

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