Did you receive injuries from an accident recently which leads to you filing a claim for damages? If so, then you might have come across the word subrogation in your dealings. This word literally means that one party or person is standing in for another and it appears in almost every insurance contract. When used in a contractual setting you could get a request to waive subrogation. In this case it is important to understand that a waiver of subrogation insurance should not be taken lightly as a misstep could result in a denial of coverage.
What is Subrogation Insurance?
This insurance is place for an insurer to seek reimbursement from the entity or person who is legally responsible for causing an accident or incident after money is paid out on behalf of the insured. The money that is paid out could be for property damage, diminished value, suffering and pain, deductible amounts, loss of consortium, and so on.
How Subrogation Insurance Works?
In general, the rule for subrogation is simple that the insurance company subrogates to the policy rights and can act on your behalf after paying you a claim to sue or go after a negligent party.
When it comes to subrogation car insurance, this may be applied if your insurance company settles a collision claim for vehicle damages which results from the negligence of another driver. Generally, the insurer will ask the insured to sign what is called a subrogation release and this assigns the person’s right to recover for them against anyone who is responsible for their loss. Some insurance companies include deductible when subrogating and would give it back once the other driver/party or their insurer pays out the subrogation claim.
Bear in mind that a health insurance company can also subrogate. This will be done if they pay out medical costs and you recover later in a lawsuit for injury costs.
Whether the subrogation comes from your health or car insurance company, you are going to get paperwork that details the sum paid for your injury or accident claim. It will also explain the company’s subrogation rights if you recover for the same damages or injuries in a lawsuit later on.
This can be confusing to an extent, but it basically means that an individual who receive injuries and gets damage compensation from an insurance provider or another third party agency is not able to sue the party who is at fault for the same monetary benefits.
As a final point, you should know that some contractual agreements actually require persons to waive their right of subrogation, and hence their insurer’s rights, against the other person or party if a claim results. A waiver of subrogation can prevent an auto insurance company from pursuing a specified party to get damages.