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Subrogation is a term that's well-known among insurance and legal companies but often not by the people they represent. Even if it sounds complicated, it would be in your benefit to know the nuances of the process. The more knowledgeable you are about it, the better decisions you can make about your insurance company.
Any insurance policy you have is a commitment that, if something bad occurs, the insurer of the policy will make restitutions in one way or another without unreasonable delay. If your vehicle is rear-ended, insurance adjusters (and the judicial system, when necessary) determine who was to blame and that person's insurance pays out.
But since ascertaining who is financially responsible for services or repairs is regularly a time-consuming affair – and delay often compounds the damage to the victim – insurance firms in many cases opt to pay up front and assign blame after the fact. They then need a way to recoup the costs if, when all is said and done, they weren't responsible for the payout.
You arrive at the Instacare with a deeply cut finger. You give the nurse your medical insurance card and she takes down your policy details. You get taken care of and your insurance company is billed for the tab. But the next morning, when you get to work – where the accident happened – your boss hands you workers compensation forms to file. Your company's workers comp policy is actually responsible for the costs, not your medical insurance. The latter has an interest in recovering its costs in some way.
How Does Subrogation Work?
This is where subrogation comes in. It is the method that an insurance company uses to claim payment when it pays out a claim that turned out not to be its responsibility. Some companies have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Under ordinary circumstances, only you can sue for damages done to your person or property. But under subrogation law, your insurance company is considered to have some of your rights in exchange for making good on the damages. It can go after the money originally due to you, because it has covered the amount already.
Why Do I Need to Know This?
For one thing, if your insurance policy stipulated a deductible, your insurance company wasn't the only one that had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – to the tune of $1,000. If your insurer is timid on any subrogation case it might not win, it might choose to recoup its expenses by ballooning your premiums. On the other hand, if it knows which cases it is owed and pursues those cases aggressively, it is acting both in its own interests and in yours. If all ten grand is recovered, you will get your full $1,000 deductible back. If it recovers half (for instance, in a case where you are found one-half to blame), you'll typically get $500 back, depending on the laws in your state.
In addition, if the total price of an accident is more than your maximum coverage amount, you could be in for a stiff bill. If your insurance company or its property damage lawyers, such as chapter 13 bankruptcy kemmerer wy, pursue subrogation and succeeds, it will recover your costs in addition to its own.
All insurers are not the same. When shopping around, it's worth scrutinizing the reputations of competing agencies to determine if they pursue legitimate subrogation claims; if they do so quickly; if they keep their customers posted 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, instead, an insurance firm has a reputation of paying out claims that aren't its responsibility and then protecting its profit margin by raising your premiums, even attractive rates won't outweigh the eventual headache.