Subrogation and How It Affects You
- 2 11, 2019
- |attorney
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Subrogation is a term that's understood among legal and insurance companies but rarely by the people who hire them. Even if it sounds complicated, it is in your self-interest to comprehend the nuances of how it works. The more information you have about it, the more likely it is that relevant proceedings will work out in your favor.
An insurance policy you hold is a promise that, if something bad happens to you, the company that insures the policy will make restitutions in one way or another without unreasonable delay. If your vehicle is hit, insurance adjusters (and the courts, when necessary) decide who was to blame and that party's insurance pays out.
But since figuring out who is financially accountable for services or repairs is often a tedious, lengthy affair – and time spent waiting sometimes compounds the damage to the victim – insurance companies often opt to pay up front and assign blame afterward. They then need a means to recoup the costs if, when there is time to look at all the facts, they weren't responsible for the payout.
Let's Look at an Example
Your stove catches fire and causes $10,000 in house damages. Happily, you have property insurance and it pays for the repairs. However, in its investigation it finds out that an electrician had installed some faulty wiring, and there is a decent chance that a judge would find him accountable for the loss. The house has already been fixed up in the name of expediency, but your insurance firm is out ten grand. What does the firm do next?
How Subrogation Works
This is where subrogation comes in. It is the way 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. Usually, only you can sue for damages done to your self or property. But under subrogation law, your insurer is considered to have 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 Policyholders?
For one thing, if you have a deductible, it wasn't just your insurer who had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – to be precise, $1,000. If your insurer is unconcerned with pursuing subrogation even when it is entitled, it might opt to recoup its losses by raising your premiums. On the other hand, if it knows which cases it is owed and goes after those cases aggressively, it is doing you a favor as well as itself. If all is recovered, you will get your full deductible back. If it recovers half (for instance, in a case where you are found 50 percent responsible), 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 may have had to pay the difference. If your insurance company or its property damage lawyers, such as wills and estate planning paddock lake wi, successfully press a subrogation case, it will recover your losses as well as its own.
All insurers are not the same. When comparing, it's worth examining the reputations of competing agencies to evaluate whether they pursue legitimate subrogation claims; if they resolve those claims fast; if they keep their customers updated as the case proceeds; and if they then process successfully won reimbursements immediately so that you can get your money 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 income by raising your premiums, you should keep looking.
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