Subrogation and How It Affects Policyholders

Subrogation is a term that's well-known among legal and insurance professionals but rarely by the policyholders who employ them. Even if you've never heard the word before, it is to your advantage to comprehend an overview of the process. The more knowledgeable you are, the more likely relevant proceedings will work out in your favor.

Any insurance policy you hold is a commitment that, if something bad occurs, the insurer of the policy will make good without unreasonable delay. If your house suffers fire damage, for instance, your property insurance agrees to compensate you or pay for the repairs, subject to state property damage laws.

But since determining who is financially accountable for services or repairs is typically a tedious, lengthy affair – and delay sometimes compounds the damage to the victim – insurance companies often opt to pay up front and assign blame after the fact. They then need a way to regain the costs if, ultimately, they weren't in charge of the payout.

For Example

You are in a car accident. Another car crashed into yours. The police show up to assess the situation, you exchange insurance information, and you go on your way. You have comprehensive insurance and file a repair claim. Later police tell the insurance companies that the other driver was to blame and her insurance policy should have paid for the repair of your car. How does your 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 reimbursement after it has paid for something that should have been paid by some other entity. 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 insurer is given some of your rights in exchange 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 the Insured?

For starters, if you have a deductible, your insurer wasn't the only one that 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 insurer is timid on any subrogation case it might not win, it might choose to recover its losses by raising your premiums. On the other hand, if it knows which cases it is owed and pursues those cases aggressively, it is acting both in its own interests and in yours. If all $10,000 is recovered, you will get your full $1,000 deductible back. If it recovers half (for instance, in a case where you are found 50 percent at fault), you'll typically get $500 back, depending on the laws in your state.

Additionally, if the total expense of an accident is more than your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as car accident attorney austell ga, pursue subrogation and wins, it will recover your losses as well as its own.

All insurers are not created equal. When comparing, it's worth looking at the records of competing agencies to determine if they pursue valid subrogation claims; if they do so without dragging their feet; 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 record of paying out claims that aren't its responsibility and then covering its profit margin by raising your premiums, even attractive rates won't outweigh the eventual headache.

Comments Off

What to do During a DUI Stop

It's wise to believe that officers want what's best for everyone, but it's a good idea to be aware of your rights and make sure you are protected. Police have a great deal of power - to take away our choices and, occasionally, even our lives. If you are involved in a a criminal defense case or investigated for drunken driving, make sure you are protected by working closely with an attorney.

Police Can Require Your ID Only if You're a Suspect

Many individuals don't know that they aren't required by law to answer all an officer's questions, even if they have been pulled over. If they aren't driving, they may not have to show identification. The law covers all of us and gives specific protections that let you remain silent or give only partial information. You have a right not to testify or speak against yourself, and you can almost always just leave if you aren't being officially detained.

Even though it's good to have a solid knowledge of your rights, you should hire a criminal defense attorney who understands all the implications of the law so you can protect yourself in the best way. Legal matters change on a regular basis, and disparate laws apply in different areas. Find someone whose main priority it is to keep up on these things if you want to prevail in any DUI or criminal defense case.

Sometimes You Should Talk to Police

It's best to know your rights, but you should know that usually the cops aren't out to get you. Most are good people like you, and causing disorder is most likely to harm you in the end. You shouldn't want to make cops feel like you hate them. This is yet one more reason to work with an attorney such as the expert counsel at auto accident attorney ashburn va on your side, especially after being arrested. Your lawyer can inform you regarding when you should speak up with information and when to shut your mouth.

Question Permission to Search

Beyond refusing to answer questions, you can deny permission for the police to rummage through your car or automobile. However, if you start talking, leave evidence of criminal activity in plain sight, or give your OK a search, any knowledge found could be used against you in trial. It's probably good to deny permission for searches verbally and let the courts and your lawyer sort it out later.

Comments Off

  • Categories

  • Copyright © 1996-2010 Rebus Marketing Agency. All rights reserved.
    iDreamtheme byTemplates Next| Powered byWordPress