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Subrogation is a term that's understood among insurance and legal companies but rarely by the policyholders who employ them. Even if you've never heard the word before, it is to your advantage to comprehend the steps of how it works. The more you know about it, the more likely it is that an insurance lawsuit will work out in your favor.
An insurance policy you have is an assurance that, if something bad happens to you, the company on the other end of the policy will make restitutions without unreasonable delay. If your property burns down, for instance, your property insurance steps in to pay you or facilitate the repairs, subject to state property damage laws.
But since figuring out who is financially accountable for services or repairs is often a tedious, lengthy affair – and time spent waiting often increases the damage to the policyholder – insurance firms usually opt to pay up front and figure out the blame after the fact. They then need a path to recover the costs if, in the end, they weren't responsible for the expense.
Can You Give an Example?
You are in an auto accident. Another car collided with yours. The police show up to assess the situation, you exchange insurance information, and you go on your way. You have comprehensive insurance and file a repair claim. Later police tell the insurance companies that the other driver was entirely to blame and his insurance policy should have paid for the repair of your auto. How does your company get its funds back?
How Subrogation Works
This is where subrogation comes in. It is the method that an insurance company uses to claim reimbursement 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. 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 in exchange for having taken care of the damages. It can go after the money that was originally due to you, because it has covered the amount already.
How Does This Affect the Insured?
For a start, if your insurance policy stipulated a deductible, it wasn't just your insurer 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 insurance company is unconcerned with pursuing subrogation even when it is entitled, it might opt to get back its losses by increasing your premiums. On the other hand, if it knows which cases it is owed and goes after those cases enthusiastically, 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 one-half accountable), you'll typically get $500 back, depending on the laws in your state.
In addition, if the total loss 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 car accident attorney Alpharetta ga, pursue subrogation and wins, it will recover your losses as well as its own.
All insurers are not created equal. When comparing, it's worth scrutinizing the reputations of competing firms to evaluate whether they pursue valid subrogation claims; if they resolve those claims without dragging their feet; if they keep their policyholders updated as the case goes on; and if they then process successfully won reimbursements quickly so that you can get your deductible 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 protecting its income by raising your premiums, you'll feel the sting later.