What Is a Subrogation Claim? Should You Negotiate?

In a group interview conducted by CLM.org of claims professionals, subrogation trends have changed since 2020. “Shop delays, availability of parts and inventory, extended rental periods, labor shortages, and a rise in damage and liability disputes have occurred that have created new challenges for claims professionals.” So, how will these changes affect your personal injury claim?

The experienced attorneys at Dozier Law have created this guide with valuable information on subrogation claims. With our expertise in personal injury law and in-depth knowledge of insurance matters, we are uniquely positioned to help guide you through the complex world of subrogation claims.

Understanding Subrogation

Subrogation is a concept that’s essential for any personal injury claimant to grasp. Simply put, the insurer has a legal right to recover the amount it paid for your losses from a third party who is responsible for causing those losses.

Diving deeper into subrogation, this process seeks to ensure fairness in insurance claims. When an insurer compensates their policyholder for damages, they essentially transition into the claimant’s shoes. This means they can pursue legal action against the at-fault party to recoup their expenses.

Subrogation protects not only insurance companies from unjust losses but also safeguards claimants. It prevents injured parties from seeking compensation both from their insurance and the at-fault party, commonly referred to as “double dipping” or receiving more than what their claim is truly worth.

It’s a good idea to become familiar with the various types of subrogation, like contractual and equitable subrogation. Contractual subrogation arises through an explicit agreement between parties, and equitable subrogation is derived from common law principles to prevent unjust enrichment and uphold fairness.

While subrogation may sound scary and complex, it is wise for personal injury claimants to have a basic understanding of the process.

Subrogation Claims Explained

Subrogation claims happen after a car accident injury or property damage. One party’s insurer compensates them for their damages. The insurer who paid the claim then seeks repayment from the at-fault party’s insurer under the personal injury subrogation process.

What Is Right of Subrogation?

The right of subrogation allows insurers to pursue recovery from property damage, medical expenses, and other costs. Health insurance subrogation seeks repayment for medical bills paid by the insurer on behalf of their policyholders after accidents caused by another party.

How Does Subrogation Work?

After a claim has been settled, the insurer initiates legal action against the at-fault party or their insurer to recover their compensation costs. This process typically involves negotiations and can present challenges in subrogation claims, like proving fault and determining liability.

How Long Does an Insurance Company Have to Subrogate?

Insurance companies have a limited window to file a subrogation claim. However, this timeframe varies depending on state laws and policy terms. On average, subrogation claims take from 30 days to six months.

In more complex cases involving severe injuries, fatalities, or multiple insurance carriers, the timeline could potentially stretch over several years before a resolution is reached. That’s why all parties need to remain proactive, communicate openly during the entire process, and seek expert advice as necessary to achieve the best outcome.

Do You Need to Negotiate Subrogation Claims?

Navigating reimbursement rights in personal injury subrogation can be tricky, and negotiating can be crucial in reaching a fair resolution. Comparative fault and ethical considerations can complicate the process.

Going the pro se subrogation route for personal injury cases may lead to unfavorable outcomes if the negotiating attorney is inexperienced. It is always advisable to find an attorney with expertise in subrogation as a precaution before filing a claim.

Conclusion

Subrogation claims are an insurance company’s pursuit of reimbursement for claims paid to a policyholder due to another party’s negligence. Negotiating these claims is often necessary for a fair outcome, as factors like ethical considerations and comparative fault come into play.

Learn More About Subrogation – Call Us!

Why choose Dozier Law for your claim? Because when it comes to subrogation claims, expertise and experience matter. And with us by your side, you’ll never face subrogation claims unprepared or unsupported.

Let Dozier Law take the stress out of subrogation-rely on our team. We understand how overwhelming these situations can be, so we’re here to help. At Dozier Law, our expert attorneys break down the complexities of claims so you can feel confident moving forward.