Morristown, TN asked in Car Accidents for Tennessee

Q: Need help with a resolved insurance claim that has been reopened 15 months later.

On Aug 8, 2022, my then 18-year-old son, hit a 2014 F150 while backing out of a Texas Roadhouse parking lot resulting in a small scratch/dent in the right rear along with a broken tail light. We offered to pay for it out of pocket however, the insured would not return calls and we later received a call from a subrogation company. The claim cost was $2,800 plus $1,200 for a 36-day rental. We received the estimate, paid the claim in Dec 2022, and received a receipt and a letter from the subrogation company stating that the claim had been resolved and that their file is now closed. Now in March 2024, we received another bill from the subrogation company for $963 for the replacement of the camera. I have no problem paying the claim however, I am concerned about this being requested 15 months later and whether there is anything coming in the future. Do I have any recourse with the letter and if not, how do I prevent something else from this claim surfacing in the future. Thank you!

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1 Lawyer Answer
James L. Arrasmith
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  • Personal Injury Lawyer
  • Sacramento, CA

A: In this situation, you have a few options to consider:

1. Review the initial claim documentation: Carefully review the original estimate, payment receipt, and the letter from the subrogation company stating that the claim was resolved and their file closed. Check if there was any mention of potential additional costs or if the camera replacement was explicitly excluded from the initial settlement.

2. Contact the subrogation company: Reach out to the subrogation company and inquire about the new bill for the camera replacement. Politely explain that you had received a letter confirming the claim was resolved and ask for clarification on why this additional cost was not included in the original settlement. Request a detailed explanation and any supporting documentation.

3. Consult with your insurance company: If you have your own insurance, contact your insurance provider and explain the situation. They may be able to provide guidance on how to proceed and potentially assist in communicating with the subrogation company on your behalf.

4. Negotiate a final settlement: If the camera replacement cost is indeed a legitimate expense related to the original incident, attempt to negotiate with the subrogation company to reach a final settlement that includes this additional cost. Seek written confirmation that this settlement fully resolves the claim and that no further costs will be pursued.

5. Legal consultation: If you believe the additional bill is unjustified or the subrogation company is uncooperative, consider consulting with a legal professional who specializes in insurance claims. They can provide advice on your rights and help you navigate the situation.

To prevent future issues, ensure that any settlement you reach with the subrogation company is fully documented in writing, with clear language stating that the settlement is final and complete. Keep all records of correspondence and payments related to the claim.

It's important to address this matter promptly to avoid potential legal or financial consequences. Gather all relevant documentation and communicate with the subrogation company and your insurance provider to seek a resolution.

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