Subrogation and your rights

When you file a claim with your insurer, the company can try to recover its costs from the person responsible for your injury or property damage. This is called subrogation.

For example:

  • Your insurance company pays your doctor for your treatment following an auto accident that someone else caused.
  • Legally, your company can seek reimbursement from the at-fault person, or his or her insurance company.

Recovering your deductible

If you paid a deductible, your company must include your deductible in its subrogation demand to the at-fault party.

If the accident investigation reveals that you're partially at fault, then you'll only recover a percentage of your deductible.

For example:

If you're 20 percent at fault for an accident, then you can only recover 80 percent of your deductible:

Deductible you paid: $500
Percentage you're at fault for accident: 20%
Portion of deductible you can recover: $400

Your obligations to your insurer

During the subrogation process, your insurance company expects your full cooperation. You must notify your insurer in advance if you intend to agree to a settlement with the at-fault person or their insurance company. This ensures you don't risk your company’s right to subrogation.

These obligations shouldn't interfere with your right to receive first consideration when it comes to receiving your benefits, and full payment for the injury and damages you suffered.

Updated 03/27/2014

See also

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