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Subrogation is a term that's well-known in insurance and legal circles but rarely by the customers they represent. Even if it sounds complicated, it would be to your advantage to understand the nuances of the process. The more you know, the more likely relevant proceedings will work out favorably.
Every insurance policy you hold is a promise that, if something bad occurs, the firm that covers the policy will make good in one way or another without unreasonable delay. If a blizzard damages your property, for example, your property insurance agrees to repay you or enable the repairs, subject to state property damage laws.
But since ascertaining who is financially responsible for services or repairs is regularly a confusing affair – and time spent waiting often increases the damage to the victim – insurance companies often opt to pay up front and figure out the blame afterward. They then need a means to regain the costs if, once the situation is fully assessed, they weren't in charge of the expense.
Let's Look at an Example
You are in a vehicle 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 it's determined that the other driver was entirely at fault and his insurance should have paid for the repair of your auto. How does your company get its money back?
How Does Subrogation Work?
This is where subrogation comes in. It is the method that an insurance company uses to claim payment when it pays out a claim that turned out not to be its responsibility. Some companies have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Ordinarily, only you can sue for damages done to your person or property. But under subrogation law, your insurance company is given some of your rights 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.
Why Do I Need to Know This?
For one thing, if your insurance policy stipulated a deductible, your insurance company wasn't the only one that had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – namely, $1,000. If your insurer is lax about bringing subrogation cases to court, it might opt to recover its losses by increasing your premiums and call it a day. On the other hand, if it knows which cases it is owed and pursues them enthusiastically, 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 50 percent at fault), you'll typically get half your deductible back, based on the laws in most states.
Furthermore, if the total loss of an accident is more than your maximum coverage amount, you may have had to pay the difference, which can be extremely spendy. If your insurance company or its property damage lawyers, such as real estate law Williams Bay, WI, successfully press a subrogation case, it will recover your costs as well as its own.
All insurers are not the same. When comparing, it's worth researching the reputations of competing companies to determine if they pursue valid subrogation claims; if they do so fast; if they keep their clients posted as the case continues; 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 insurance agency has a record of honoring claims that aren't its responsibility and then covering its profitability by raising your premiums, you'll feel the sting later.
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