How to dispute subrogation against me.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to dispute subrogation against me.

I was in an accident where I was on a bicycle a regular bicycle-no motor. I was hit from behind from another vehicle now their insurance is coming after me for around 1400. I have tried to get this resolved on my own by disputing it with their claims adjuster who says they have put the blame on me. My car insurance, that I had at the time, is refusing to pay it as I was not in a motor vehicle. There was a police report written which is what the insurance company is using to say it was my fault as the police report was written in a way to make it seem as though I hit this car, however as I said, I was hit from behind. I don’t understand how it can be me, on a bicycle, hit this car when it was behind me. I was not injured during the accident and my bike was fine but somehow there was $1400 worth of damages to the other car, of which I have received zero proof, no pictures, no itemized bill, nothing. At the time of the accident I hit my head on the concrete so I was pretty dazed and could not take a picture myself. I have talked to 2 law firms for help and neither have provided me with any assistance and won’t take any sort of a case as I wasn’t injured. I don’t know what to do, I’m a poor teacher and really don’t feel like it should be on me to pay this. Also as a note, in the state of PA, where I am a resident and where the accident took place, the law states it is the responsibility of the driver of the motor vehicle to provide a safe 4ft of distance. Honestly, I never wanted to pursue for money for this or any sort of payment to me, I really just want this bill to go away.

Asked on April 24, 2018 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

To get money from you, they'd have to sue you and win. You can refuse to pay and force them to sue, if they deem it worth their while. If they do sue, since they would be the plaintiff (party suing), the burden of proof is on them; that is, they must affirmatively prove their case. They would have to convince the court by a "preponderance of the evidence," or that it is more likely than not, that you were at fault *and* that you caused the claimed amount of damage, and you can present your own testimony and evidence in opposition to their case. If they can't prove their case, either they will not get anything from you or they might get a fraction of what they are seeking (e.g. they might prove you were at fault, but only be able to prove $300 of damage).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption