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Subrogation is a concept that's understood in insurance and legal circles but often not by the customers they represent. Even if it sounds complicated, it would be in your self-interest to comprehend the nuances of how it works. The more knowledgeable you are about it, the better decisions you can make about your insurance company.
Every insurance policy you own is a promise that, if something bad happens to you, the business that covers the policy will make good in one way or another without unreasonable delay. If you get injured at work, for instance, your employer's workers compensation insurance picks up the tab for medical services. Employment lawyers handle the details; you just get fixed up.
But since determining who is financially responsible for services or repairs is usually a tedious, lengthy affair – and time spent waiting sometimes increases the damage to the victim – insurance firms usually opt to pay up front and assign blame after the fact. 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
Your living room catches fire and causes $10,000 in home damages. Happily, you have property insurance and it pays for the repairs. However, the insurance investigator finds out that an electrician had installed some faulty wiring, and there is a reasonable possibility that a judge would find him liable for the loss. You already have your money, but your insurance company is out all that money. What does the company do next?
How Does Subrogation Work?
This is where subrogation comes in. It is the method that an insurance company uses to claim reimbursement 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. Normally, only you can sue for damages to your self or property. But under subrogation law, your insurance company is given some of your rights in exchange for making good on the damages. It can go after the money that was originally due to you, because it has covered the amount already.
Why Does This Matter to Me?
For one thing, if you have a deductible, it wasn't just your insurance company 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 insurer is unconcerned with pursuing subrogation even when it is entitled, it might opt to recoup its expenses by increasing your premiums and call it a day. On the other hand, if it knows which cases it is owed and goes after them efficiently, it is doing you a favor as well as itself. If all $10,000 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 to blame), you'll typically get half your deductible back, depending on your state laws.
In addition, if the total loss of an accident is more than your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as truck accident lawyers Canton, ga, pursue subrogation and succeeds, it will recover your expenses as well as its own.
All insurance companies are not the same. When shopping around, it's worth comparing the reputations of competing firms to find out if they pursue winnable subrogation claims; if they do so without delay; if they keep their clients posted as the case proceeds; and if they then process successfully won reimbursements right away so that you can get your money back and move on with your life. If, instead, an insurer has a record of paying out claims that aren't its responsibility and then protecting its profit margin by raising your premiums, you should keep looking.
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