Why a subrogation co. will wait almost for the SOL to expire to suit . Is this a hint that their case is weak?
should I let know the subrogation co. about this evidence or wait to be suit? .
When is more likely the subrogation co. will go after my condo , when there is a lot of equity or when is little equity. Thank you very much for any advice . I know my questions are very complicated I hope you can understund my questions. Any advice is wellcome
Answer:
They wait as long as possible, because they'd rather settle with the other insurance carrier (if there is one) than file suit - which costs them money.
Yes, they can sue your landlord and you at the same time. They could name my dog in the suit if they want to. Anyone can sue anyone else for anything. Fault is irrelevant.
The witness regarding the victim's extent of injuries affects the final judgement amount - NOT the fault in the first place.
The other insurer will go after any of your assets, regardless of equity - because they have no idea how much equity you have. They are more likely to try to attach wages than put a lein on your house, but if the judgement is high enough, they may do both.
Wow I almost never thought one day I would answer a question for a field that i worked 5 years.
subornation companies can not file suit they have to take approval from the individual who assigned your case to them.
Once they get that approval if they have an in house counsel then they can file it. Otherwise, it will be SOL. Write a letter of dispute to the subornation company they need to place that in your file. If the client provides a green light to file a suit prior to expiration of statute of limitations then you go to Court an provide the tape and the judge will throw their case out.
However, I have had cases where they sent me evidence that my insured defrauded the insurance company. I had advised my client that their Case is weak and closed my file with a good closing argument and report. Keep my e-mail address in mind if you need further assistance e-mail me. I was a subro manager for 5 years. Worked on all kinds and types of claims in 50 STATES. I know the laws almost in all states. Hired and fired attys. I gave permission to file suit or even dismiss a case.
I even worked with district attorneys.
Do as I say and dispute in writing, stating, you are disputing the validity of the said claim. Also, advise that you will take this to the State Attorney General. There is more you could do. Trust me.
:)
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