What is Subrogation and How Does it Affect Your Personal Injury Case?

It is generally the case that if you are injured in a car accident in which someone else was fault, you can get compensation for your injuries. However, there are instances in which an insurance claim can go on for a long period of time. If that is the case, you could potentially the deductible for your own insurance policy and have them cover the remainder of your costs.

Since the accident wasn’t your fault, your insurance company is going to want to be reimbursed by the at-fault party or their insurance company. If your policy has a subrogation clause (and it almost certainly does) then your insurance company will have the right to recover any money paid after your accident. It may be possible that your insurance company will also recover your deductible and any other out of pocket expenses you paid. Keep reading to learn more about this process and then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.

What Exactly is Subrogation?

Legally speaking, subrogation refers to the right of an insurance company to legally pursue a third party if that third party resulted in insurance loss to the insured. Put simply, it allows the insurance company to attempt to recover reimbursement for what it paid to cover the costs related to your accident. If subrogation was not written into your policy, then your insurance company would not have the right to sue the third party because your insurance company was not the injured party.

Let us consider an example of an accident between a man and a woman in which the man caused the accident. Let us say that the man denies he caused the accident. Let us also say that the injured woman needs money now, so she pays her deductible and her insurance company covers the rest of her costs. The woman’s insurance company can then legally file a claim against the man’s insurance company in order to recover the amount paid.

Subrogation Can Apply Even in Shared Fault

Even if you are partially responsible for your accident, your insurance company could still take advantage of subrogation options. However, the same will be true as would be true of a personal injury case: Damages can only be recovered equal to the percentage of the defendant’s fault. For example, if the insurance company sues and the at-fault party is found to have been 80% at fault, then the insurance company will only be able to recover 80% of actual damages.

Call a Personal Injury Attorney if You Are Not Sure About Subrogation

There are disadvantages to subrogation that mean that, for the most part, if there are other options you should take them. At The Law Offices of Larry H. Parker we are here to help you do just that. When you contact us at 800-333-0000 we can provide a free legal consultation so you know what your options are.