Subrogation Rights and Releasing a Tortfeasor: What You Should Know About UM Coverage and Your Palm Beach County Accident Case: Part II

UM carriers typically protect subrogation rights by putting provisions in their insurance contracts that prevent the insured from settling or moving forward with a judgment on the claim against the uninsured motorist without written consent from the UM carrier.  So if you settle with the UM motorist for X amount, you may be prevented from bringing a UM claim against your own UM carrier because it creates a presumptin of prejudice to the UM carrier.  This presumption can be overcome if you can show that the UM motorist is judgment proof or the carrier would have settled with the UM motorist.

An example where the presumption was overcome is where an injured insured settled with a 99 year old nursing home resident who had no assets or earning potential.  An example where the presumption was not overcome was where an injured insured settled with at college student with a part-time job, bank accounts and savings bonds.  If you have been in a West Palm Beach auto accident with an unisured motorist, speak with an attorney immediately before speaking with anyone else so that you insure your rights.  An experienced Palm Beach County personal injury/car crash attorney can help you understand all of the possible sources of recovery and how those claims must be handled.