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Subrogation is a term that's well-known among insurance and legal professionals but rarely by the people they represent. Rather than leave it to the professionals, it would be in your self-interest to understand the nuances of the process. The more you know, the more likely relevant proceedings will work out favorably.
An insurance policy you own is a commitment that, if something bad happens to you, the company on the other end of the policy will make good in one way or another without unreasonable delay. If a fire damages your property, for instance, your property insurance steps in to repay you or facilitate the repairs, subject to state property damage laws.
But since ascertaining who is financially accountable for services or repairs is regularly a heavily involved affair – and delay often adds to the damage to the victim – insurance companies usually decide to pay up front and figure out the blame later. They then need a method to regain the costs if, when all the facts are laid out, they weren't actually responsible for the payout.
Can You Give an Example?
Your electric outlet catches fire and causes $10,000 in house damages. Fortunately, you have property insurance and it pays for the repairs. However, the insurance investigator discovers that an electrician had installed some faulty wiring, and there is a decent chance that a judge would find him to blame for the loss. The house has already been repaired in the name of expediency, but your insurance company is out all that money. What does the company 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 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 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 Do I Need to Know This?
For one thing, if your insurance policy stipulated a deductible, your insurance company wasn't the only one 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 insurance company is timid on any subrogation case it might not win, it might choose to recover its costs by boosting 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 of the money is recovered, you will get your full thousand-dollar 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, based on the laws in most states.
Additionally, 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 personal injury claims Mableton GA, successfully press a subrogation case, it will recover your expenses as well as its own.
All insurers are not created equal. When comparing, it's worth comparing the reputations of competing firms to find out whether they pursue valid subrogation claims; if they do so in a reasonable amount of time; if they keep their clients apprised as the case proceeds; and if they then process successfully won reimbursements immediately so that you can get your funding back and move on with your life. If, instead, an insurance company has a record of paying out claims that aren't its responsibility and then safeguarding its profit margin by raising your premiums, you should keep looking.
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