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TFI... (archive)

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Posted by SL on October 31, 2000 at 06:12:12:

In Reply to: Re: Your advice is good since IAL... posted by Marc on October 30, 2000 at 15:46:53:

yes of course anybody can sue anybody who owes money for whatever reason and an ins co should be happy to provide legal assistance for a client if there's the probability of something profitable in it for the ins co. But then there's the old adage about blood from a turnip. When somebody lies at the scene of an accident then dodges you IME they're usually a turnip, so it would seem to me very unlikely the ins co would waste resources pursuing it unless they had reason to believe a particular uninsured deadbeat has deeper pockets than your average turnip. Or am I wrong?

The decision to pursue subrogation depends on the insurer's attitude towards customer service, state laws, and if the insurer agreed to waive their client's deductible up front (meaning they absorbed all the damages on behalf of their client). Another factor is the conclusiveness of the investigation (e.g. is liability established and is a responsible party identified?).

Finally, the subrogation process can/should apply to the at-fault party OR their insurer - whichever applies. Put another way, if the guy is uninsured, the insurer can still pursue the individual for damages.


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