This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Subrogation For Claim In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000279
Format:
Word;
Rich Text
Instant download
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FAQ
Receiving a subrogation letter can seem problematic, but it does not have to be. Instead, reach out to your car accident attorney immediately to provide a copy of the letter and any information about the claims you made. If you received compensation from the insurance company, do not ignore this letter.
Defenses to defeat an insurer's subrogation rights, including asserting that the statute of limitations has run or that a valid waiver of subrogation exists or other limitations of liability. Additionally, defense counsel may contest the amount and measure of recoverable damages.
Receiving a subrogation letter can seem problematic, but it does not have to be. Instead, reach out to your car accident attorney immediately to provide a copy of the letter and any information about the claims you made. If you received compensation from the insurance company, do not ignore this letter.
For more information please call RISK MANAGEMENT DIVISION at 305-375-4280 or call Teleclaim 24 hours a day, 7 days a week at 1-877-632-7475.
The claim can be filled and submitted online at the Miami-Dade County Clerk's Office. You may print out the application and file the claim in person at a local courthouse if you choose. More resources are available on the Miami-Dade County Law Library site.
To file a formal consumer complaint, complete the below affidavit and save a copy of your completed affidavit for your records. You can print, sign, date and submit the affidavit by email (send as a pdf attachment to consumer@miamidade), fax to 786-469-2303 or mail to the address at the top of the affidavit.
When you file a claim, your insurer can try to recover costs from the person responsible for your injury or property damage. This is known as subrogation. For example: Your insurance company pays your doctor for your treatment following an auto accident that someone else caused.
In most subrogation cases, an individual's insurance company pays its client's claim directly, then seeks reimbursement from the other party's insurance company. Subrogation is most common in an auto insurance policy but also occurs in property/casualty and healthcare policy claims.
When you file a claim, your insurer can try to recover costs from the person responsible for your injury or property damage. This is known as subrogation. For example: Your insurance company pays your doctor for your treatment following an auto accident that someone else caused.
When factoring comparative negligence and improper referrals, the recovery rate should be somewhere in the range of 85-90%. This requires adjusters properly identifying subrogation, assessing comparative negligence and pursuing only what they are entitled to.
