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Squeak

Another suit

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Let's put aside the debate on waivers or the morality of lawsuits.


Tera and Mike

I will not begin to assume that I know how you have felt over the past month and a half: Loss of dear friendships, survivors guilt with a fear of death, pain... probably lots of pain... bills, stress and tears.

And now this.... a situation where you likely might not have understood all the authority that you gave when you signed those papers and the shock of learning how it was discovered.....

If I can help. Please pm me.

Karen

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Another interesting question that I don't know the answer to is whether my insurance company could go after the DZ or the DZ's insurance company... even I never got a lawyer involved.



Yes. It is called the insurer's right to subrogation. If you have personal injury/accident insurance, by accepting a payout from them you agree to let them "step into your shoes" and try to recover the money they have paid you in any manner you would have been able to had they not paid out.

Once they pay you, they will determine whether a suit is likely to put them in front money-wise and, if so, they will sue in YOUR name. Effectively, YOU are suing the DZ, but you don't get any payoff, because you decided to recover from the insurance instead of doing the legwork for suing yourself. But it is still YOU suing.

So, if you have accident insurance and you are harmed in a way that can be attributed to a DZ's negligence, don't accept the payout from the insurance company if you really believe in not suing.

Wiki entry on how insurer's right to subrogation works here: http://en.wikipedia.org/wiki/Subrogation

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