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Subrogation is an idea that's well-known among insurance and legal companies but sometimes not by the people who employ them. Even if it sounds complicated, it would be to your advantage to understand the nuances of how it works. The more you know about it, the better decisions you can make with regard to your insurance policy.
An insurance policy you hold is a commitment that, if something bad happens to you, the company on the other end of the policy will make good without unreasonable delay. If a storm damages your house, your property insurance agrees to remunerate you or enable the repairs, subject to state property damage laws.
But since determining who is financially responsible for services or repairs is often a heavily involved affair – and delay sometimes increases the damage to the policyholder – insurance companies usually opt to pay up front and figure out the blame afterward. They then need a path to recoup the costs if, when there is time to look at all the facts, they weren't actually responsible for the expense.
Your living room catches fire and causes $10,000 in house damages. Luckily, you have property insurance and it takes care of the repair expenses. However, the assessor assigned to your case 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. You already have your money, but your insurance company is out $10,000. What does the company do next?
How Subrogation Works
This is where subrogation comes in. It is the method 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. Under ordinary circumstances, only you can sue for damages to your self or property. But under subrogation law, your insurance company is given 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 Me?
For starters, if you have 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 have a stake in the outcome as well – to be precise, $1,000. If your insurance company is unconcerned with pursuing subrogation even when it is entitled, it might opt to recover its costs by ballooning your premiums and call it a day. On the other hand, if it has a proficient legal team and goes after those cases enthusiastically, 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 responsible), you'll typically get half your deductible back, based on the laws in most states.
Moreover, if the total cost of an accident is over your maximum coverage amount, you may have had to pay the difference, which can be extremely costly. If your insurance company or its property damage lawyers, such as lawyers for car accidents Canton, ga, successfully press a subrogation case, it will recover your expenses in addition to its own.
All insurance agencies are not created equal. When shopping around, it's worth researching the reputations of competing companies to find out if they pursue valid subrogation claims; if they resolve those claims fast; if they keep their customers advised as the case goes on; and if they then process successfully won reimbursements quickly 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 paying out claims that aren't its responsibility and then protecting its income by raising your premiums, you'll feel the sting later.
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