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Subrogation is an idea that's understood among insurance and legal companies but rarely by the people they represent. Rather than leave it to the professionals, it would be to your advantage to understand the steps of the process. The more you know about it, the more likely it is that an insurance lawsuit will work out in your favor.
Every insurance policy you hold is a commitment that, if something bad occurs, the insurer of the policy will make restitutions in a timely fashion. If your vehicle is hit, insurance adjusters (and police, when necessary) decide who was to blame and that party's insurance pays out.
But since determining who is financially responsible for services or repairs is usually a tedious, lengthy affair – and delay in some cases adds to the damage to the policyholder – insurance companies often opt to pay up front and figure out the blame after the fact. They then need a mechanism to recover the costs if, when all the facts are laid out, they weren't actually in charge of the expense.
You go to the hospital with a sliced-open finger. You hand the receptionist your medical insurance card and she takes down your plan details. You get stitched up and your insurer gets an invoice for the services. But on the following morning, when you clock in at your workplace – where the accident happened – your boss hands you workers compensation forms to fill out. Your employer's workers comp policy is in fact responsible for the payout, not your medical insurance company. It has a vested interest in getting that money back somehow.
How Does Subrogation Work?
This is where subrogation comes in. It is the process that an insurance company uses to claim payment 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. Under ordinary circumstances, only you can sue for damages to your self or property. But under subrogation law, your insurer 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.
How Does This Affect Me?
For one thing, if your insurance policy stipulated a deductible, your insurer wasn't the only one who had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – to the tune of $1,000. If your insurance company is timid on any subrogation case it might not win, it might choose to get back its losses by ballooning 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 doing you a favor as well as itself. If all of the money is recovered, you will get your full thousand-dollar deductible back. If it recovers half (for instance, in a case where you are found one-half accountable), you'll typically get $500 back, based on the laws in most states.
In addition, if the total cost of an accident is over your maximum coverage amount, you could be in for a stiff bill. If your insurance company or its property damage lawyers, such as bonney lake washington law offices, pursue subrogation and wins, it will recover your expenses as well as its own.
All insurers are not created equal. When shopping around, it's worth measuring the records of competing firms to determine if they pursue legitimate subrogation claims; if they do so without dragging their feet; if they keep their clients advised as the case goes on; and if they then process successfully won reimbursements right away so that you can get your deductible back and move on with your life. If, on the other hand, an insurance company has a record of paying out claims that aren't its responsibility and then covering its income by raising your premiums, you'll feel the sting later.
Subrogation is a term that's well-known among insurance and legal firms but often not by the people they represent. Even if it sounds complicated, it would be to your advantage to comprehend an overview of how it works. The more you know about it, the better decisions you can make about your insurance company.
Every insurance policy you have is a commitment that, if something bad occurs, the firm on the other end of the policy will make good without unreasonable delay. If your property is burglarized, for instance, your property insurance agrees to pay you or facilitate the repairs, subject to state property damage laws.
But since determining who is financially accountable for services or repairs is typically a heavily involved affair – and time spent waiting often increases the damage to the victim – insurance firms usually opt to pay up front and assign blame after the fact. They then need a mechanism 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 traffic-light accident. Another car crashed into yours. The police show up to assess the situation, you exchange insurance information, and you go on your way. You have comprehensive insurance that pays for the repairs right away. Later it's determined that the other driver was at fault and her insurance policy should have paid for the repair of your car. How does your 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 to your person or property. But under subrogation law, your insurer is given some of your rights for having taken care of the damages. It can go after the money originally due to you, because it has covered the amount already.
Why Does This Matter to Me?
For a start, if your insurance policy stipulated a deductible, your insurer wasn't the only one who 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 lax about bringing subrogation cases to court, it might opt to get back its costs by boosting your premiums and call it a day. On the other hand, if it knows which cases it is owed and goes after 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 one-half culpable), you'll typically get $500 back, based on the laws in most states.
Furthermore, if the total expense of an accident is over your maximum coverage amount, you may have had to pay the difference, which can be extremely costly. If your insurance company or its property damage lawyers, such as Lawyers serving bonney lake wa, successfully press a subrogation case, it will recover your expenses in addition to its own.
All insurers are not created equal. When comparing, it's worth comparing the records of competing companies to evaluate whether they pursue valid subrogation claims; if they do so in a reasonable amount of time; if they keep their policyholders informed as the case goes on; and if they then process successfully won reimbursements right away so that you can get your money back and move on with your life. If, on the other hand, an insurance agency has a reputation of paying out claims that aren't its responsibility and then safeguarding its bottom line by raising your premiums, you should keep looking.
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