Car Insurance - Subrogation or my Claim first?

I

ivasergey

New Member
Jurisdiction
Texas
Hi
i had a car accident last month and another driver immediately admitted his fault. I still decided to use my Collision Damage coverage and as far as my car was Total Loss my insurance paid me the actual car value which was around $30 000.

i'm also trying to file Loss of Use claim (for car rental expenses) to driver's at-fault insurance but they're saying their damage liability is just $25 000 and they already received subrogation from my insurance for $30 000 so MUST pay subrogation first and can't reimburse my car rental expenses.
i can't find any information on the Internet about that so maybe you can advise me what does Insurance Law says in such cases - should driver's at-fault insurance pay my claim first and then subrogation from my insurance. OR subrogation claim prevails?

I also have Uninsured/Underinsured Motorist Damages coverage from my insurance and tried to file Loss of Use claim to them. But they also denied my claim because according to their words "Underinsured Motorist Damages coverage can be used ONLY in case i filed damages liability claim to driver's at-fault insurance but not in case i used my Collision Damage coverage"
 
adjusterjack said:
Same answers you got on the other site. Go back and read them:

Subrogation or My Claim First
Click to expand...
Thanks a lot for your reply. I've checked my policy and the only limitation i found is the following:

The limit of liability shown in the Declarations for "each person" for Uninsured/Underinsured Motorists Coverage is
the most we will pay for all bodily injuries sustained by any one person in any one motor vehicle accident. The
limit of liability shown in the Declarations for "each accident" for Uninsured/Underinsured Motorists Coverage is the
most we will pay for all bodily injuries due to any one motor vehicle accident, regardless of the number of persons
injured. The limit of liability shown in the Declarations for "each accident" for Property Damage Liability is the most
we will pay for all damages to all property due to any one motor vehicle accident.
This is the most we will pay regardless of the number of:
a. Covered persons;
b. Claims made;
c. Policies or bonds applicable;
d. Vehicles or premiums shown in the Declarations; or
e. Vehicles involved in the accident.

Do you think they can refer to this clause ?
 
ivasergey said:
Thanks a lot for your reply. I've checked my policy and the only limitation i found is the following:

The limit of liability shown in the Declarations for "each person" for Uninsured/Underinsured Motorists Coverage is
the most we will pay for all bodily injuries sustained by any one person in any one motor vehicle accident. The
limit of liability shown in the Declarations for "each accident" for Uninsured/Underinsured Motorists Coverage is the
most we will pay for all bodily injuries due to any one motor vehicle accident, regardless of the number of persons
injured. The limit of liability shown in the Declarations for "each accident" for Property Damage Liability is the most
we will pay for all damages to all property due to any one motor vehicle accident.
This is the most we will pay regardless of the number of:
a. Covered persons;
b. Claims made;
c. Policies or bonds applicable;
d. Vehicles or premiums shown in the Declarations; or
e. Vehicles involved in the accident.

Do you think they can refer to this clause ?
Click to expand...

You should ask the insurance company.
There's no way uninvolved, uninformed strangers can predict what YOUR insurance company will or won't do.
Your other option is to hire a lawyer, which is another option.
If you have a decent case, many lawyers will take the case on contingency.
That means, you pay nothing now, and the lawyer only gets 1/3 of what you receive. If you receive NOTHING, that's what the attorney gets. You receive $100,000, the lawyer gets about $35-40,000.

People with lawyers receive about FIVE TIMES more than people without lawyers.
 
army judge said:
You should ask the insurance company.
There's no way uninvolved, uninformed strangers can predict what YOUR insurance company will or won't do.
Your other option is to hire a lawyer, which is another option.
If you have a decent case, many lawyers will take the case on contingency.
That means, you pay nothing now, and the lawyer only gets 1/3 of what you receive. If you receive NOTHING, that's what the attorney gets. You receive $100,000, the lawyer gets about $35-40,000.

People with lawyers receive about FIVE TIMES more than people without lawyers.
Click to expand...
probably hiring lawyer is a better option. I've asked my insurance and driver's at-fault insurance and they just point me to each other:) Driver's at-fault insurance say subrogation already exceeds 25 000 and they MUST first pay subrogation so there's nothing they can do. My insurance say i can't use Uninsured/Underinsured motorist damage coverage because i've already used by Collision Damage coverage and these two coverages can't be used at the same time. But they can't point me to the policy terms and conditions clause which says so..
 
army judge said:
There's no way uninvolved, uninformed strangers can predict what YOUR insurance company will or won't do.
Click to expand...

I retired from 35 years in the insurance industry so I'm more than qualified to explain insurance to people.

army judge said:
If you have a decent case, many lawyers will take the case on contingency.
That means, you pay nothing now, and the lawyer only gets 1/3 of what you receive. If you receive NOTHING, that's what the attorney gets. You receive $100,000, the lawyer gets about $35-40,000.
Click to expand...

For a few hundred on a rental car???

There's nothing in the OP's post to suggest that he was injured.
 

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