I am being sued in a subrogation case, what can I do?

UPDATED: Oct 1, 2022

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I am being sued in a subrogation case, what can I do?

I was involved in a car accident in January 2016 Massachusetts that was determined 80 my fault. The other driver was cited for speeding, but I was taking a left hand turn, so I was found responsible for the accident as far as the insurance claim. I received a law suit in the mail from the other driver’s insurance company almost three years later just shy of the statue of limitations. My insurance company said they have paid out their limits. There is a signed agreement from a payout that the insurer received, releasing me of any further law suits, yet my insurer says I can still be taken to court and that they cannot help me. I have 20 days to respond, and am looking for advice. I have not had any luck in securing a personal lawyer as they all are saying they represent Plaintiffs or insurers only. Where should I be focusing my efforts in finding attorney in this law suit defense as well as a possible bad faith claim?

Asked on December 18, 2018 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The release you describe only applies to the parties who signed it and who are named in the agreement as releasing you, so if the release was only from the other driver, it would not bind or be enforceable against his insurer. If you were 20% at fault, the other insurer could seek 20% of any amounts they paid out to their own insured from you, since the law allows an insurer to recover money paid by them to their insured from an at-fault driver, to the extent that driver was in fact at fault.

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.

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