If you have ever suffered an injury that has sent you to the doctor, chances are you have been asked by the nurse if the injury was related to any specific event. They may have asked if your injury was work related or if it was the result of a car accident. If you have ever had to say yes to one of these questions, you may have been contacted by your insurance company. Fortunately, this is standard practice and nothing to worry about. It is simply your insurance company determining if they should proceed with a subrogation action.
If you have suffered an injury and a third party may be partly to blame, your insurance company has a right to be indemnified for their out-of-pocket costs. If for example, an individual suffered a slip and fall injury due to a sidewalk defect, and then went on to sue the municipality for their loss, the injured party’s insurance company could seek compensation for the claims that they paid related to the injured parties medical treatment.
The act of subrogation is essentially standing one party in place of another. If and when an injured party receives compensation for their injury from the responsible party, they will usually be responsible for indemnifying their insurance company. Occasionally, the private insurance company, or collateral source provider, may be able to settle their own subrogation action with the responsible party. Unfortunately, issues of subrogation can sometimes create challenges during the settlement process.
If you have been injured in an accident and are concerned with how your insurance company’s subrogation rights will affect your settlement, you may want to speak with an attorney. With their help, you may be able to better understand subrogation laws and work with your insurance company toward resolution.