Subrogation is a concept that's well-known in legal and insurance circles but rarely by the customers who employ them. If this term has come up when dealing with your insurance agent or a legal proceeding, it is in your self-interest to know the steps of how it works. The more knowledgeable you are, the better decisions you can make about your insurance company.
Every insurance policy you hold is a promise that, if something bad happens to you, the firm that covers the policy will make good in a timely manner. If you get injured on the job, your employer's workers compensation insurance agrees to pay for medical services. Employment lawyers handle the details; you just get fixed up.
But since figuring out who is financially responsible for services or repairs is usually a heavily involved affair – and time spent waiting sometimes compounds the damage to the policyholder – insurance companies often decide to pay up front and figure out the blame afterward. They then need a way to get back the costs if, when all is said and done, they weren't actually in charge of the payout.
Can You Give an Example?
You rush into the hospital with a deeply cut finger. You hand the receptionist your medical insurance card and he takes down your coverage details. You get stitches and your insurance company is billed for the medical care. But the next morning, when you arrive at your workplace – where the accident occurred – you are given workers compensation forms to turn in. Your workers comp policy is actually responsible for the expenses, not your medical insurance. It has a vested interest in getting that money back somehow.
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 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 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 who 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 insurer is timid on any subrogation case it might not win, it might choose to recoup its losses by upping your premiums. On the other hand, if it has a capable legal team and goes after those cases aggressively, it is doing you a favor as well as itself. If all ten grand is recovered, you will get your full thousand-dollar deductible back. If it recovers half (for instance, in a case where you are found 50 percent culpable), you'll typically get half your deductible back, depending on your state laws.
Furthermore, if the total expense 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 Car Accident Lawyer in Mableton, Ga, successfully press a subrogation case, it will recover your losses in addition to its own.
All insurance agencies are not the same. When comparing, it's worth examining the reputations of competing agencies to evaluate if they pursue valid subrogation claims; if they do so with some expediency; if they keep their clients updated as the case continues; 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 insurer has a record of honoring claims that aren't its responsibility and then covering its profitability by raising your premiums, you'll feel the sting later.