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Subrogation is a term that's well-known in legal and insurance circles but often not by the customers who employ them. If this term has come up when dealing with your insurance agent or a legal proceeding, it is in your benefit to know the nuances of the process. The more information you have, the better decisions you can make with regard to your insurance company.
Any insurance policy you have is a commitment that, if something bad happens to you, the insurer of the policy will make restitutions without unreasonable delay. If you get an injury while you're on the clock, your company's workers compensation insurance pays out 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 heavily involved affair – and delay in some cases compounds the damage to the policyholder – insurance firms often opt to pay up front and assign blame afterward. They then need a method to regain the costs if, ultimately, they weren't in charge of the expense.
Let's Look at an Example
Your electric outlet catches fire and causes $10,000 in home damages. Fortunately, you have property insurance and it takes care of the repair expenses. 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 repaired in the name of expediency, but your insurance firm is out $10,000. 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 reimbursement 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. Normally, only you can sue for damages to your self or property. But under subrogation law, your insurer 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.
How Does This Affect Individuals?
For starters, if your insurance policy stipulated a deductible, it wasn't just your insurer who 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 insurance company is timid on any subrogation case it might not win, it might choose to recoup its expenses by ballooning your premiums and call it a day. On the other hand, if it has a knowledgeable legal team and pursues those cases efficiently, 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 one-half at fault), you'll typically get half your deductible back, depending on your state laws.
Moreover, if the total loss of an accident is over 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 immigration lawyer near me South Jordon UT, pursue subrogation and succeeds, it will recover your expenses in addition to its own.
All insurance companies are not created equal. When comparing, it's worth measuring the reputations of competing agencies to evaluate if they pursue valid subrogation claims; if they do so with some expediency; if they keep their customers apprised as the case goes on; and if they then process successfully won reimbursements right away so that you can get your funding back and move on with your life. If, instead, an insurance company has a reputation of honoring claims that aren't its responsibility and then protecting its bottom line by raising your premiums, you should keep looking.
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