what is subrogation

What is Subrogation and How Can It Affect Your Insurance Claim?

RRBHLAWZENInsurance Litigation

Did you know that your insurance company could have the right to go after a third party to recover the money they’ve paid out on your behalf? It’s called subrogation and could play a big role in your insurance claim. If you’ve ever filed a claim after an auto accident or a workplace injury, subrogation might already be working in the background without you knowing it.

But what is subrogation? Understanding what it is and how it impacts your insurance claim is important. It’s one of those legal concepts that can directly affect the money you recover after an accident. In this blog post, we’ll walk you through exactly how subrogation works, the types of insurance policies it applies to, and why it matters to your final payout.

What is Subrogation?

Subrogation is when an insurance company can recover payment from the person at fault for an incident after covering your claim. If you’ve had an accident or injury, your insurance company may seek reimbursement for the damages they covered from the responsible party. Subrogation is a legal strategy insurance companies employ to shift the financial burden onto the party at fault rather than the blameless party or their insurance provider.

Here’s a scenario: You’re in a car crash caused by another driver. Your car insurance will pay for your repair expenses and any medical bills. Your insurance company can recover costs from the other driver’s insurance through subrogation. If they succeed, they can recover their losses and reimburse you for your deductible.

What implications does this procedure hold for you? Typically, you don’t have to be concerned about subrogation claims. Nevertheless, it may influence the final amount of money you receive in a personal injury settlement or the speed at which your claim is settled.

More: Property Insurance Claims: How to Ensure Fair Compensation

3 Types of Subrogation in Different Types of Insurance Policies

  • Subrogation in Health Insurance

It is significant in health insurance claims, especially if someone else’s negligence caused your injury. Imagine you’re at a grocery store, and you slip on a wet floor, resulting in a broken arm. Your health insurance covers the medical costs, but because the store’s negligence caused your injury, your insurer may file a subrogation claim against the store’s insurance to recover the money they spent on your medical care.

Even though your health insurer pursues the at-fault party, this process could affect your personal injury settlement. The insurance company may claim a portion of your settlement as reimbursement for the medical expenses they paid on your behalf. Understanding subrogation is crucial—it could impact the final amount you take home after an accident.

  • Subrogation of Car Insurance

Subrogation in car insurance is very common. Suppose you’re involved in a car accident where the other driver ran a red light. You file a claim with your insurance company to cover the cost of repairs and medical bills. Once your insurer pays for the damages, they may seek reimbursement from the at-fault driver’s insurance.

If your insurance company wins the subrogation case, they recover their costs, and you might even get reimbursed for your deductible. In this way, subrogation can benefit policyholders, helping them recover more of their out-of-pocket expenses.

  • Subrogation in Workers’ Compensation

Subrogation also comes into play in workers’ compensation cases. Consider a scenario where you are injured on the job due to faulty machinery. You receive benefits from your employer’s workers’ compensation insurance to cover medical bills and lost wages. However, because the machinery defect caused the injury, the insurance company can pursue a subrogation claim against the machinery manufacturer to recover what they paid out to you.

In workers’ compensation cases, it ensures that the party truly responsible for the injury bears the financial burden, not the insurance company or the employer.

How Subrogation Can Impact Your Insurance Claim

The process typically runs in the background and doesn’t require much involvement from you. However, it’s essential to be aware of how it could affect your case:

  1. Impact on Settlements: Your insurance company may participate in your settlement to reimburse their costs. It’s essential to understand this before agreeing to any final settlement amount.
  2. Deductible Reimbursement: If your insurer successfully recovers their costs through subrogation, you could receive a refund for your deductible.
  3. Potential Delays: Claims can sometimes delay the claims process, especially in more complex cases where liability is disputed.

Need Help Understanding How Subrogation Can Impact Your Claim? Contact RRBH Law Today!

Now that we’ve explored what is subrogation and how it can affect your insurance claim, you may have more questions about how it applies to your specific situation. The attorneys at RRBH Law are here to help. Since 2015, our experienced team has been guiding clients in Miami and throughout Florida, ensuring they understand their rights and receive the maximum compensation they deserve.

Contact us at 305-800-4663 to schedule a consultation and get the answers you need to move forward confidently. Let us help you fight for the compensation you deserve!