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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My BMW was hit broadside by a young girl one week ago today.

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My BMW was hit broadside by a young girl one week ago today. Her father is the policyholder with Nationwide who informed me today that she hangs up when they call her for a statement.
I have a police report, and she is clearly liable, but Nationwide now tells me that, without her statement, they cannot proceed and advise subrogation.
Subrogation involves a claim with my carrier and a $500.00 deductible that may or may not be recovered through Nationwide. I am also told that reconciliation can take up to a year.
There were no injuries, but I am incensed at her refusal to cooperate at my expense.
Do I have legal recourse? Can I sue her???

Beki Brand
Thank you for your question. Please permit me to assist you with your concerns.

How extensive was your damage? Has your vehicle been repaired yet? What were the costs to you? Do you know if this person who hit you has funds that you would be able to pursue?
Customer: replied 4 years ago.

I was hit on the passenger side with extensive damage to the door (in a 2-door coupe) and front fender. My air-conditioning coolant immediately drained out onto the pavement. The door will not shut without force, and I have lost air-conditioning on that side. My engine light is also illuminated.

I have not however taken the car for an estimate.

It is doubtful that I could recover much more than my deductible from this girl. She was driving a 2003 Jetta in poor condition.


Thank you for your follow-up. Suing someone without knowing the amount you are suing for is generally an unwise proposition. In addition if she has no real assets, suing her is a potentially losing proposition both in time and resources, which leaves going through insurance. It may help to get an estimate set up first to see what the costs would be. However you have no real need to sue her, since they have insurance (whether or not she was the operator of the vehicle, the actual insurer is the owner of the car, and that is who covers expenses) could be pursued by you and your insurance company for costs. It is up to your insurance whether or not to pursue or to seek subrogation first and then seek reimbursement, but you yourself are under no obligation to agree to subrogation since that does not favor you or your situation. You can contact your insurer and demand that they become more proactive and pursue costs on your behalf. Based on the damages caused it is most unlikely you would not get your deductible back, but I can understand your concern. Find out costs first for repair as that will tell you whether or not not retaining counsel may be a wise solution going forward. so far resorting to litigation makes no sense from a financial perspective, and while I can understand your frustration and anxiety, getting on top of your own insurance would be the more practical solution--the way your vehicle was struck makes it less likely you would be found liable for costs.

Good luck.

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