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But typically the driver's insurance is primary and the owners can be used as secondary if necessary. Some states utilize a strict pro-rata breakdown but even that gets to be a pain in the ass to deal with. |
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He is at fault, he needs to pay me what I pay in order to get my car fixed. the amount of money I lost during the time my car could not be used, court fees and etc. |
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For instance, if I took on Mr. Reroka's case here and ****ed it all up, it may be the same kind of case I've done under my policy 100 different times, but I'm not operating within the course of my duties for my law firm and as such, if Reroka's sues me, my malpractice carrier won't stand in because I was out there freelancing and have policy exclusions that specifically prohibit it. And let me tell you how much I enjoy those exclusions every time I have a family member or friend (or family member's friend) say "Hey, you're a lawyer - can you...."? |
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Then it's your CARRIER who is subrogated to your interests and can hold him liable for THEIR right of reimbursement. Any sums they paid to you pursuant to a valid pre-existing contractual obligation essentially 'transfer' to them as the new real party in interest. It's a little more complicated than that - your policy probably allows directly for it so there's probably straight up assignment/contractual subrogation language that would kick in. But even if not, plain ol' doctrines of equitable subrogation are going to be effective enough. And again 'he needs to pay me' will get you a court order saying it's owed and maybe a nice little investment mechanism since judgments in Missouri run at 9.0%. But it won't actually get you PAID unless/until you're able to take the necessary steps to get that money out of him. And that's often more difficult than securing the judgment itself. |
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I actually like it quite a bit. Nice cut; has the hand stitching at the edges (pin stiches or some shit like that). Kinda fun peacocking here and there. I don't have that orange tie, though. Kinda feel like I need it now... |
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My insurance wont stand as secondary in this case, cause I had a passenger. My would only act as secondary for period 1 and 2, I was in 3. |
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which is what I am speaking about right now. |
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Eh, do what you will with it. I'll simply reiterate that collecting on judgments is a pain in the ass. |
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So, the less pain in the ass move would be to just pay it myself and move on. Thought this would be the case. |
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The person who hit me accepted my offer to settle out of court. I pick up a check Saturday for 5k. A threat of me suing was enough to get a settlement.
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You do anything to dick up your carriers rights to subrogation and they could come after you for it. But if the $5k keeps your carrier out of it altogether, that’s safe enough. |
Antifreeze
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Lol nice.
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