can a subrogation co. can go after my condo ? i am in california?

Question

I own a store and i may be suit for subrogation for an allegade fall. I did not have insurance at that time. is going to be 2 years in dec 06. I told the subrogation party that i was uninsure at that time but they keep on sending me letters to provide my insures carrier. any advice in what to do? I gave the phone # of my landlord because they requested to get his insurance but it seems my landlord is not answering the landlord is not

Answer 1

Depends..is your store a sole propietership, incorporated or a limited partsnership..

Subrogation is when the insurance company pays directly to their insured for damages, and then pursues the at fault party..in this case I am taking it the insurer is a health insurance company. Cali SOL for injuries is 2 years if memory serves me, therefore after 2 years from the date of loss, the insurer has no recourse, unless they file suit against you (which they will if they think they have a shot at any recovery). If you are a sole owner in the store, they will go after any assets in your name, including a condo in suit (provided they win), if you are incorporated or limited partnership, they can only go after the assets of the company, not the owners in most cases (there may be recourse in cases of gross negligence..you would need to discuss this with an atty).

They will of course try to get the insurance for the landlord to pay too..they dont care who pays, just as long as its paid..even if the landlord/or their insurance pay, they will probably come right back after you as the responsible party. Your best bet is going to be allowing them to take it to court, and then make them prove their case..have they provided any evidence to prove the fall was your fault (independent witness/statements ect). If its just their parties word that they fell with nothing to back them up, they will have an uphill battle in court.

Answer 2

If the store is owned in the name of a corporation, and you own the corporation, your personal assets are protected from seizure. If you own the store as a partner, general partner, or individual, then yes, a lein could be put against ANY assets you own personally.

Tell the other insurance company that there is no insurance in place. They have to sue you and win before they can get anything - which means you have to have been negligent in some way - mere ownership of the property does NOT make you automatically liable.

Answer 3

If you caused damages to someone else, they can go after whatever you own. You should have had insurance.