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Subrogation is an idea that's understood in legal and insurance circles but often not by the people who employ them. If this term has come up when dealing with your insurance agent or a legal proceeding, it would be in your benefit to understand the steps of the process. The more information you have about it, the better decisions you can make about your insurance company.
Every insurance policy you have is an assurance that, if something bad occurs, the business on the other end of the policy will make restitutions in a timely manner. If a windstorm damages your home, your property insurance steps in to repay you or pay for the repairs, subject to state property damage laws.
But since figuring out who is financially responsible for services or repairs is usually a heavily involved affair – and delay sometimes increases the damage to the policyholder – insurance firms usually opt to pay up front and figure out the blame afterward. They then need a method to recover the costs if, once the situation is fully assessed, they weren't responsible for the payout.
Can You Give an Example?
You go to the Instacare with a deeply cut finger. You hand the nurse your health insurance card and she writes down your coverage details. You get stitched up and your insurance company is billed for the expenses. But on the following afternoon, when you clock in at your workplace – where the injury happened – you are given workers compensation paperwork to file. Your employer's workers comp policy is in fact responsible for the hospital trip, not your health insurance policy. The latter has a right to recover its costs in some way.
How Subrogation Works
This is where subrogation comes in. It is the way that an insurance company uses to claim reimbursement 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. Usually, only you can sue for damages done to your self 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 that was originally due to you, because it has covered the amount already.
How Does This Affect Me?
For a start, if you have a deductible, it wasn't just your insurance company that 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 unconcerned with pursuing subrogation even when it is entitled, it might choose to get back its costs by ballooning your premiums. On the other hand, if it knows which cases it is owed and pursues those cases efficiently, it is doing you a favor as well as itself. If all of the money 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 to blame), you'll typically get half your deductible back, based on the laws in most states.
In addition, if the total expense 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 auto accident attorney Severna Park MD, successfully press a subrogation case, it will recover your expenses in addition to its own.
All insurers are not the same. When comparing, it's worth researching the records of competing agencies to find out whether they pursue legitimate subrogation claims; if they resolve those claims quickly; if they keep their customers updated 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, instead, an insurance firm has a reputation of honoring claims that aren't its responsibility and then protecting its bottom line by raising your premiums, you'll feel the sting later.