My daughter rearended someone during a time of lapse of coverage, what can I do?

My daughter rear-ended someone during a time of lapse of coverage now we have rcvd a letter from the other parties insurance ‘notice of subrogation/right to recovery’ what can I do? When I called them the insurance co said that the damages to the vehicle were 730 but had pending medical expenses now I got a letter saying that the car damages were 1229, did they add the deductible can I make small payments.

Asked on October 23, 2017 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The insurer can only sue you in "subrogation" for that they paid out to their insured. So they would not be including the deductible in this, since they did not pay that. (Note that their insured can, however, separately sue you--e.g. in small claims court--for the deductible, since that is something they had to pay out of pocket and which they were not compensated for by their insurer.)
You can ask to make payments over time; they have to agree it to it. However, since they don't want to go to the time/cost of suing you, are likely to do so as long as your proposal is reasonable.
Yes, you should ask for proof of the damage before agreeing to pay.

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