How to dispute subrogation against me.

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).

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