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Subrogation is a concept that's well-known in insurance and legal circles but often not by the policyholders they represent. Rather than leave it to the professionals, it would be in your self-interest to understand the nuances of how it works. The more you know, the more likely it is that an insurance lawsuit will work out in your favor.
Every insurance policy you hold is an assurance that, if something bad occurs, the business on the other end of the policy will make good in a timely fashion. If your property suffers fire damage, for example, your property insurance steps in to pay you or pay for the repairs, subject to state property damage laws.
But since figuring out who is financially accountable for services or repairs is usually a confusing affair – and time spent waiting sometimes compounds the damage to the policyholder – insurance companies often opt to pay up front and assign blame after the fact. They then need a way to recover the costs if, in the end, they weren't actually in charge of the expense.
You are in an auto accident. Another car ran into yours. The police show up to assess the situation, you exchange insurance information, and you go on your way. You have comprehensive insurance and file a repair claim. Later police tell the insurance companies that the other driver was entirely at fault and his insurance policy should have paid for the repair of your car. How does your company get its funds back?
How Does Subrogation Work?
This is where subrogation comes in. It is the way that an insurance company uses to claim payment when it pays out a claim that turned out not to be its responsibility. Some insurance firms have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Ordinarily, only you can sue for damages to your self or property. But under subrogation law, your insurer is given some of your rights in exchange for having taken care of the damages. It can go after the money that was originally due to you, because it has covered the amount already.
Why Do I Need to Know This?
For a start, if your insurance policy stipulated a deductible, it wasn't just your insurer who had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – to be precise, $1,000. If your insurer is timid on any subrogation case it might not win, it might opt to get back its expenses by increasing your premiums and call it a day. On the other hand, if it knows which cases it is owed and pursues them efficiently, it is acting both in its own interests and in yours. If all is recovered, you will get your full $1,000 deductible back. If it recovers half (for instance, in a case where you are found 50 percent at fault), you'll typically get half your deductible back, based on the laws in most states.
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All insurance agencies are not created equal. When comparing, it's worth contrasting the records of competing companies to determine whether they pursue winnable subrogation claims; if they do so with some expediency; if they keep their policyholders apprised as the case proceeds; and if they then process successfully won reimbursements immediately so that you can get your funding back and move on with your life. If, on the other hand, an insurance firm has a record of honoring claims that aren't its responsibility and then covering its profit margin by raising your premiums, you'll feel the sting later.Personal injury attorney Lithia Springs, GA
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