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Subrogation is an idea that's understood in insurance and legal circles but rarely by the people who employ them. Even if you've never heard the word before, it would be to your advantage to know the steps of the process. The more you know about it, the better decisions you can make about your insurance policy.
An insurance policy you own is an assurance that, if something bad occurs, the insurer of the policy will make restitutions without unreasonable delay. If your vehicle is in a fender-bender, insurance adjusters (and police, when necessary) decide who was to blame and that person's insurance covers the damages.
But since determining who is financially responsible for services or repairs is often a confusing affair – and delay often adds to the damage to the policyholder – insurance firms in many cases decide to pay up front and assign blame after the fact. They then need a mechanism to recoup the costs if, when all is said and done, they weren't actually responsible for the payout.
Can You Give an Example?
You head to the doctor's office with a deeply cut finger. You give the nurse your health insurance card and she records your coverage details. You get stitches and your insurer gets an invoice for the expenses. But on the following morning, when you clock in at work – where the accident occurred – your boss hands you workers compensation forms to fill out. Your company's workers comp policy is in fact responsible for the expenses, not your health insurance. The latter has an interest in recovering its money somehow.
How Does Subrogation Work?
This is where subrogation comes in. It is the way 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. Ordinarily, 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 having taken care of the damages. It can go after the money originally due to you, because it has covered the amount already.
How Does This Affect Policyholders?
For starters, if your insurance policy stipulated a deductible, your insurer wasn't the only one that had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – namely, $1,000. If your insurer is unconcerned with pursuing subrogation even when it is entitled, it might opt to recover its losses by upping your premiums and call it a day. On the other hand, if it knows which cases it is owed and pursues those cases efficiently, it is acting both in its own interests and in yours. If all ten grand is recovered, you will get your full deductible back. If it recovers half (for instance, in a case where you are found 50 percent to blame), you'll typically get half your deductible back, based on the laws in most states.
Additionally, if the total loss 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 criminal defense law Provo UT, pursue subrogation and succeeds, it will recover your losses as well as its own.
All insurance agencies are not created equal. When shopping around, it's worth contrasting the records of competing agencies to determine whether they pursue legitimate subrogation claims; if they resolve those claims fast; if they keep their accountholders apprised as the case goes on; and if they then process successfully won reimbursements quickly so that you can get your funding back and move on with your life. If, on the other hand, an insurer has a reputation of honoring claims that aren't its responsibility and then safeguarding its profitability by raising your premiums, you should keep looking.
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