Definition of Torture

oc24 · 08-21-2006, 11:18 AM

As some of you may recall...I got my E90 rear-ended by an individual with no license and no insurance on July 15, 2006. See earlier thread:

http://www.e90post.com/forums/showthread.php?t=24826

Now, more than 5 weeks later, my car is ready at the body shop (I went there and saw it) but they will not release it to me until they get the final check from the insurance company (my insurance company). My insurance company has been great, but they need to approve the final paperwork before issuing the final check.

Thus, this is absolute torture seeing my car ready, after all the hell I've been through, and not being able to get it. Hopefully a couple more days...I can't stand not having my baby...

oc24 · 08-21-2006, 11:28 AM

By the way, what happens to this guy without insurance? My insurance said they will go after him personally, but I doubt he has any assets. Should I join in the action? I should be compensated theoretically for losing my car for over a month, and dealing with all the inconveniences associated with the accident.

rwwong · 08-21-2006, 11:29 AM

That would be tough. It will make it that much sweeter when you ger it back though.

Hawkshaw · 08-21-2006, 01:10 PM

Quote:

Originally Posted by slubu

By the way, what happens to this guy without insurance? My insurance said they will go after him personally, but I doubt he has any assets. Should I join in the action? I should be compensated theoretically for losing my car for over a month, and dealing with all the inconveniences associated with the accident.

I don't think you can "join the action". The ability of the insurer to sue the at-fault driver and recover its costs is called subrogation. Technically, subrogation means that the insurer, once it has indemnified the policyholder, automatically assumes the legal rights of the policyholder.

In other words, the insurance company pays for your damages, but then has the sole right to sue the other driver. The alternative would have been to not file a claim with your insurer, pay the damages yourself, and then sue the other guy yourself to recover costs + damages. As you said, he probably doesn't have much, and the legal expenses alone would not be worth it.

Joe Bimmer · 08-21-2006, 01:30 PM

Quote:

Originally Posted by Hawkshaw

I don't think you can "join the action". The ability of the insurer to sue the at-fault driver and recover its costs is called subrogation. Technically, subrogation means that the insurer, once it has indemnified the policyholder, automatically assumes the legal rights of the policyholder.

In other words, the insurance company pays for your damages, but then has the sole right to sue the other driver. The alternative would have been to not file a claim with your insurer, pay the damages yourself, and then sue the other guy yourself to recover costs + damages. As you said, he probably doesn't have much, and the legal expenses alone would not be worth it.

99.9% Correct.

If you wanted to seek additional damages for whatever reason, there is likely a statute of limitations in your state to seek such damages. If you were hoping to collect said damages up front through your insurance company and have them subrogate to the other driver, you should do so BEFORE they close out the claim.

Hawkshaw · 08-21-2006, 01:34 PM

Quote:

Originally Posted by Joe Bimmer

99.9% Correct.

If you wanted to seek additional damages for whatever reason, there is likely a statute of limitations in your state to seek such damages. If you were hoping to collect said damages up front through your insurance company and have them subrogate to the other driver, you should do so BEFORE they close out the claim.

Great point Joe, I'm sure laws vary between states and between countries as well! I was coming from the perspective of an insurance industry professional - I'm not a lawyer or claim to have any legal knowledge on the subject. Just my insurance textbooks!

oc24 · 08-21-2006, 01:41 PM

Their claim of subrogation would be exclusive of my claim for tort damages. I could sue him separately if I chose too, and the legal expenses would be negated by the fact that I am an attorney, and would not charge myself to pursue this action

longtran · 08-21-2006, 02:03 PM

the insurance company will hussle if the body shop start charging storage fee.

08-21-2006, 11:18 AM	#1
oc24 Lieutenant Colonel 198 Rep 1,869 Posts Drives: White Lightning Join Date: Oct 2005 Location: Agrestic iTrader: (2)	Definition of Torture As some of you may recall...I got my E90 rear-ended by an individual with no license and no insurance on July 15, 2006. See earlier thread: http://www.e90post.com/forums/showthread.php?t=24826 Now, more than 5 weeks later, my car is ready at the body shop (I went there and saw it) but they will not release it to me until they get the final check from the insurance company (my insurance company). My insurance company has been great, but they need to approve the final paperwork before issuing the final check. Thus, this is absolute torture seeing my car ready, after all the hell I've been through, and not being able to get it. Hopefully a couple more days...I can't stand not having my baby... __________________ 2008 335i
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08-21-2006, 11:28 AM	#2
oc24 Lieutenant Colonel 198 Rep 1,869 Posts Drives: White Lightning Join Date: Oct 2005 Location: Agrestic iTrader: (2)	By the way, what happens to this guy without insurance? My insurance said they will go after him personally, but I doubt he has any assets. Should I join in the action? I should be compensated theoretically for losing my car for over a month, and dealing with all the inconveniences associated with the accident. __________________ 2008 335i
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08-21-2006, 11:29 AM	#3
rwwong Captain 121 Rep 626 Posts Drives: 2006 330i, 2008 Jeep Hemi Join Date: Mar 2006 Location: Minneapolis iTrader: (0) Garage List 2006 330i [0.00]	That would be tough. It will make it that much sweeter when you ger it back though.
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08-21-2006, 01:41 PM	#7
oc24 Lieutenant Colonel 198 Rep 1,869 Posts Drives: White Lightning Join Date: Oct 2005 Location: Agrestic iTrader: (2)	Their claim of subrogation would be exclusive of my claim for tort damages. I could sue him separately if I chose too, and the legal expenses would be negated by the fact that I am an attorney, and would not charge myself to pursue this action __________________ 2008 335i
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08-21-2006, 02:03 PM	#8
longtran Lieutenant General 1499 Rep 16,625 Posts Drives: E90 M3 Join Date: Jul 2005 Location: CA iTrader: (105) Garage List 2006 325i [0.00]	the insurance company will hussle if the body shop start charging storage fee.
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