My 15 yr old son took my van and totaled it. The insurance company is subrogating him. This happened Jan 2006. I have not heard back from them. They have called to see if he has his driver's license. He does not, What is the time limit the insurance company has to file against him
2007-10-10 06:18:55 · 4 answers · asked by LYNN N 1 in Business & Finance ➔ Insurance
Since he was a minor at the time of the accident, and not licensed, he would have been excluded from coverage on your policy. This may mean that you are responsible for the damage he caused, but they might be able to make him responsible. I'd contact the company to check the status of the claim, but the subrogation claim can remain open until they collect the amount owed. The time for them to file for payment collection can vary state to state. I believe its usually three years. Good Luck!
2007-10-11 12:50:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I agree with the other person who answered the question, no insurance company would subrogate against a minor. There is no legal way of collecting any damages from a minor. Besides, would your son not be on your insurance policy?? You would not subrogate against yourself. If this happened almost 2 years ago, and nothing further has happened, I doubt if anything will happen. It depends on the insurance company and state, but usually the insurance company has to pursue a claim within 6 months to a year.
2007-10-10 12:25:09 · answer #2 · answered by Don Drapers woman 6 · 0⤊ 0⤋
I don't how a insurance company could subrograte from a minor. If you have physical damage coverage on the vehicle, they should pay the damages unless he was excluded at the time of loss. If you don't have physical damage coverage, you are probably screwed since you are liable for your child. If they are going to go after him, they are really going after you and you are the insured.
The term subrogation is usually used when one insurance company is trying to be reimbursed by another company for a loss they paid on behalf of the other company.
Why don't you try calling the company and ask what the status of the claim is? I think in most states the statute of limitations is 1-2 years. They may have closed the claim already.
2007-10-10 10:55:17 · answer #3 · answered by drivelikejoewho 2 · 2⤊ 0⤋
What ever the statute of limitations is for your state. The statute varies from state to state. I have seen it run anywhere from 1-4 years. Most states seem to be 3 years. Odds are, you are still within the statute.
2007-10-10 12:03:29 · answer #4 · answered by Boots 7 · 0⤊ 0⤋