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Subrogation is a concept that's well-known in legal and insurance circles but rarely by the people they represent. Rather than leave it to the professionals, it would be in your self-interest to comprehend an overview of how it works. The more knowledgeable you are about it, the more likely it is that relevant proceedings will work out favorably.
An insurance policy you hold is a promise that, if something bad occurs, the insurer of the policy will make good in a timely fashion. If your vehicle is rear-ended, insurance adjusters (and the courts, when necessary) decide who was to blame and that party's insurance covers the damages.
But since figuring out who is financially accountable for services or repairs is sometimes a heavily involved affair – and time spent waiting sometimes compounds the damage to the policyholder – insurance firms usually opt to pay up front and figure out the blame after the fact. They then need a mechanism to recover the costs if, when there is time to look at all the facts, they weren't responsible for the payout.
Can You Give an Example?
You go to the emergency room with a sliced-open finger. You hand the receptionist your medical insurance card and she records your coverage information. You get stitched up and your insurer gets an invoice for the expenses. But the next afternoon, when you clock in at your workplace – where the accident occurred – you are given workers compensation paperwork to file. Your company's workers comp policy is actually responsible for the costs, not your medical insurance company. The latter has a right to recover its costs somehow.
How Does Subrogation Work?
This is where subrogation comes in. It is the method that an insurance company uses to claim reimbursement after it has paid for something that should have been paid by some other entity. 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. Normally, only you can sue for damages done to your person or property. But under subrogation law, your insurer is extended some of your rights for making good on the damages. It can go after the money originally due to you, because it has covered the amount already.
How Does This Affect Policyholders?
For one thing, if your insurance policy stipulated a deductible, your insurer wasn't the only one that had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – namely, $1,000. If your insurance company is lax about bringing subrogation cases to court, it might opt to get back its losses by upping your premiums and call it a day. 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 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 $500 back, based on the laws in most states.
In addition, if the total loss of an accident is over your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as criminal defense lawyer Hillsboro OR, pursue subrogation and wins, it will recover your costs as well as its own.
All insurers are not created equal. When shopping around, it's worth looking up the records of competing firms to find out if they pursue winnable subrogation claims; if they do so in a reasonable amount of time; if they keep their clients informed as the case proceeds; and if they then process successfully won reimbursements quickly so that you can get your deductible back and move on with your life. If, on the other hand, an insurance agency has a record of paying out claims that aren't its responsibility and then covering its profitability by raising your premiums, even attractive rates won't outweigh the eventual headache.
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