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Subrogation is a term that's understood in insurance and legal circles but sometimes not by the policyholders who employ them. Rather than leave it to the professionals, it would be in your self-interest to understand an overview of the process. The more knowledgeable you are, the better decisions you can make with regard to your insurance policy.
Every insurance policy you own is an assurance that, if something bad occurs, the business that covers the policy will make good in a timely manner. If your vehicle is in a fender-bender, insurance adjusters (and police, when necessary) determine who was at fault and that person's insurance covers the damages.
But since figuring out who is financially accountable for services or repairs is typically a tedious, lengthy affair – and delay sometimes compounds the damage to the policyholder – insurance firms in many cases decide to pay up front and figure out the blame afterward. They then need a means to recoup the costs if, when there is time to look at all the facts, they weren't responsible for the expense.
Let's Look at an Example
You are in a car accident. Another car crashed into yours. Police are called, you exchange insurance details, and you go on your way. You have comprehensive insurance that pays for the repairs right away. Later police tell the insurance companies that the other driver was entirely at fault and her insurance policy should have paid for the repair of your vehicle. How does your insurance company get its funds back?
How Does Subrogation Work?
This is where subrogation comes in. It is the method that an insurance company uses to claim payment after it has paid for something that should have been paid by some other entity. 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 self or property. But under subrogation law, your insurer is given 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 the Insured?
For one thing, if you have 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 – to the tune of $1,000. If your insurer is lax about bringing subrogation cases to court, it might opt to recoup its losses 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 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 culpable), you'll typically get $500 back, depending on your state laws.
In addition, if the total price of an accident is over your maximum coverage amount, you may have had to pay the difference, which can be extremely expensive. If your insurance company or its property damage lawyers, such as child custody court boulder city Nv, pursue subrogation and wins, it will recover your losses in addition to its own.
All insurers are not the same. When shopping around, it's worth looking at the records of competing agencies to find out whether they pursue valid subrogation claims; if they do so without dragging their feet; if they keep their customers advised as the case continues; and if they then process successfully won reimbursements immediately so that you can get your funding back and move on with your life. If, on the other hand, an insurer has a record of paying out claims that aren't its responsibility and then safeguarding its income by raising your premiums, even attractive rates won't outweigh the eventual headache.
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