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Subrogation is an idea that's understood in legal and insurance circles but rarely by the people who hire them. Even if you've never heard the word before, it is in your self-interest to know the nuances of how it works. The more information you have, the better decisions you can make about your insurance company.
An insurance policy you own is an assurance that, if something bad happens to you, the company on the other end of the policy will make good in a timely manner. If a blizzard damages your property, for instance, your property insurance agrees to repay you or enable the repairs, subject to state property damage laws.
But since figuring out who is financially accountable for services or repairs is often a confusing affair – and time spent waiting sometimes adds to the damage to the policyholder – insurance firms in many cases opt to pay up front and assign blame after the fact. They then need a path to get back 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 an auto accident. Another car collided with yours. The police show up to assess the situation, you exchange insurance details, and you go on your way. You have comprehensive insurance that pays for the repairs right away. Later police tell the insurance companies that the other driver was entirely to blame and her insurance should have paid for the repair of your car. How does your insurance company get its money back?
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. Normally, only you can sue for damages done to your self or property. But under subrogation law, your insurer is extended some of your rights for making good on the damages. It can go after the money originally due to you, because it has covered the amount already.
How Does This Affect the Insured?
For one thing, if your insurance policy stipulated a deductible, your insurer wasn't the only one who had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – to be precise, $1,000. If your insurance company is lax about bringing subrogation cases to court, it might opt to recoup its expenses by boosting your premiums. On the other hand, if it has a competent legal team and goes after those cases enthusiastically, 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 one-half responsible), you'll typically get half your deductible back, depending on the laws in your state.
Moreover, if the total loss of an accident is more than your maximum coverage amount, you could be in for a stiff bill. If your insurance company or its property damage lawyers, such as child custody attorney Henderson Nv, successfully press a subrogation case, it will recover your costs in addition to its own.
All insurance agencies are not created equal. When shopping around, it's worth weighing the reputations of competing companies to evaluate if they pursue legitimate subrogation claims; if they resolve those claims quickly; if they keep their policyholders advised as the case continues; and if they then process successfully won reimbursements immediately so that you can get your deductible back and move on with your life. If, instead, an insurer has a reputation of paying out claims that aren't its responsibility and then protecting its profit margin by raising your premiums, you'll feel the sting later.
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