Subrogation - What are my rights?

[Rabrrita]

Originally Posted by oceangaia

I have no doubt that happens but I'd still bet that debris falling from trucks causes 10x more damage than they ever actually pay for. For every person that falsely scapegoats a dirty truck there are probably ten that get damaged by the truck and write it off as "sh#t happens".

Absolutely and some companies take no real efforts to curb the problems. I'm sure many owe a heck of a lot more than they ever been hit up for. My insurance broke had told me that its not that common to get reimbursed when the claimant states the damage was caused by something kicked up or thrown from tires, but easy when it's something that fell from the truck.

[markg91359]

Originally Posted by rc225

I am a business owner, with semis and trailers.
We received a subrogation letter from an insurance company, stating that we owed money to recover damages for their insured, for a broken windshield.

I inquired about it, because none of our drivers had any accidents/incidents, etc.
The agent sent me pictures which her insured submitted for the claim (basically she just had pictures of our truck with some rock and mud on the trailer).

While it was our truck, how is there any way to really know it was our truck that caused the damage? I asked the agent for the police report, and she said there wasn't one.

So my question is, what are my legal rights in this situation? Without a police report, can I legally deny to pay it? The driver (with the broken windshield) never spoke to my driver about any damage at the time, and just submitted pictures to the insurance company, and I assume the tag number?

Thanks in advance.

If you refuse to pay they can:

1. Do nothing because of the small dollar value of the claim;
2. Sue you for the amount of the damage and costs.

I suspect that going to court will ultimately cost you more than the value of a windshield even if you prevail.

My advice? If you think there is even a strong possibility your truck caused the damage, pay the money.

[JGMotorsport64]

Originally Posted by markg91359

If you refuse to pay they can:

1. Do nothing because of the small dollar value of the claim;
2. Sue you for the amount of the damage and costs.

I suspect that going to court will ultimately cost you more than the value of a windshield even if you prevail.

My advice? If you think there is even a strong possibility your truck caused the damage, pay the money.

Or even better offer them $50 and negotiate a settlement because their case is weak