Subrogation is a term that's well-known in insurance and legal circles but often not by the customers they represent. Rather than leave it to the professionals, it would be in your benefit to understand the nuances of the process. The more knowledgeable you are, the more likely it is that relevant proceedings will work out favorably.

Any insurance policy you own is an assurance that, if something bad happens to you, the business on the other end of the policy will make good without unreasonable delay. If a storm damages your house, your property insurance steps in to remunerate you or pay for the repairs, subject to state property damage laws.

But since figuring out who is financially responsible for services or repairs is typically a heavily involved affair – and time spent waiting sometimes compounds the damage to the victim – insurance firms usually decide to pay up front and assign blame afterward. They then need a mechanism to regain the costs if, when all is said and done, they weren't actually in charge of the payout.

Let's Look at an Example

Your kitchen catches fire and causes $10,000 in house damages. Luckily, you have property insurance and it pays out your claim in full. However, in its investigation it discovers that an electrician had installed some faulty wiring, and there is reason to believe that a judge would find him liable for the damages. You already have your money, but your insurance company is out $10,000. What does the company do next?

How Does Subrogation Work?

This is where subrogation comes in. It is the process that an insurance company uses to claim payment after it has paid for something that should have been paid by some other entity. Some insurance firms 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 done to your person or property. But under subrogation law, your insurance company is considered to have some of your rights in exchange 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 Individuals?

For one thing, if you have a deductible, it wasn't just your insurance company that 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 insurer is unconcerned with pursuing subrogation even when it is entitled, it might choose to recoup its losses by increasing your premiums and call it a day. On the other hand, if it has a proficient legal team and goes after them enthusiastically, it is doing you a favor as well as itself. If all $10,000 is recovered, you will get your full deductible back. If it recovers half (for instance, in a case where you are found one-half responsible), you'll typically get $500 back, depending on the laws in your state.

Furthermore, if the total cost of an accident is over your maximum coverage amount, you could be in for a stiff bill. If your insurance company or its property damage lawyers, such as auto accident attorney Austell GA, successfully press a subrogation case, it will recover your costs as well as its own.

All insurance companies are not created equal. When comparing, it's worth contrasting the records of competing agencies to find out if they pursue legitimate subrogation claims; if they resolve those claims fast; if they keep their clients posted as the case proceeds; and if they then process successfully won reimbursements quickly so that you can get your losses back and move on with your life. If, on the other hand, an insurer has a record of honoring claims that aren't its responsibility and then covering its profit margin by raising your premiums, you should keep looking.