Quote:
Originally Posted by DJ's left nut
But if your policy is standing in as secondarily liable, you're only out $250.
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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IF the amount is under 10k, go to small claims court.
which is what I am speaking about right now.