Legal Question in Insurance Law in Florida

Waiver of Subrogation

I was in an accident now the opposing insurance wants to settle for their policy holders limit of 10000.00 My Insurance Company said they would waive the subrogation rights of underinsured/uninsured to the opposing's insured person. My company said the would continue handling my claim under the underinsured/uninsured part of my policy and were waiting on a bill to settle.What does this mean ? do I get additional money from my Insurance Company under my policy? If so how does this work? I still have outstanding medical bills and future treatments.


Asked on 11/07/07, 2:17 am

3 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Waiver of Subrogation

Uninsured motorists coverage acts as though the other party had you limits available. Check on the amount of your coverage if it is enough to cover your damages and if you have more than one car with stacked limits. Since you are an amateur you should consult with a lawyer to review your coverage and injury paying for a consultation before hiring him on a contingency percentage basis. You may accept the limits tender if approved by your company IN WRITING. Read your policy! You should also receive a certified copy of the other drivers policy with an affidavit of no other coverage. I also ask for a copy their last years tax return.

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Answered on 11/08/07, 10:26 am
David Slater David P. Slater, Esq.

Re: Waiver of Subrogation

If you have underinsured insurance coverage on your auto insurance policy (above the $10,000), you need consent from your carrier before you can settle your liability claim. You can then seek additional compensation from your carrier (after credit of $10,000). Good luck. Call me if you have any additional questions.

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Answered on 11/07/07, 6:53 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Waiver of Subrogation

This means that you can accept the $10,000 and proceed against your underinsurance coverage. You will need to be sure that all healthcare liens are satisfied. You really need a lawyer for this type of claim against a UM carrier unless the company is right now willing to pay you a fair amount for your injury. See a lawyer so you can at least know what a fair demand is. If they pay it, great. If they do not, you will need a lawyer to pursue your claim.

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Answered on 11/07/07, 7:25 am


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