Subrogation Recovery By State In Fulton
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One challenge you might face when fighting a subrogation claim is proving your innocence. If you were not liable for the injury and your lawyer is able to prove that, then the insurance company will have a much harder time pursuing you for reimbursement.
Under O.C.G.A. § 33-24-56.1, Georgia law codifies the Made Whole Doctrine in the context of health insurance subrogation. The statute provides that an insured individual must be “fully compensated for his or her damages” before any subrogation rights of the insurer can be enforced.
When you file a claim, your insurer can try to recover costs from the person responsible for your injury or property damage. This is known as subrogation. For example: Your insurance company pays your doctor for your treatment following an auto accident that someone else caused.
Subrogation Law and General Insurance Policies Georgia's Made Whole Doctrine states that a benefit provider (health insurance, generally) may only recover from a third-party claim (such as a client's personal injury settlement) if the amount of the recovery exceeds the sum of all economic and non-economic losses.
Those states are: Arizona. Connecticut. Kansas. Missouri. New Jersey. New York. North Carolina. Virginia.
Subrogation forces the person who caused the incident to cover the damages rather than the injured party. Subrogation also ensures that the injured party cannot claim recovery benefits twice: once from the insurance company and a second by suing the wrongdoer in court.
When factoring comparative negligence and improper referrals, the recovery rate should be somewhere in the range of 85-90%. This requires adjusters properly identifying subrogation, assessing comparative negligence and pursuing only what they are entitled to.
Insurance companies don't have forever to make a subrogation claim. While the statutory limitations period can vary depending on the type of subrogation claim made—and in which jurisdiction it is made—the standard statute of limitations ranges from one to six years.
You will want to immediately notify your own insurer to determine how they can assist you. A subrogation claim is not going to go away on its own. If you ignore the letter, the insurer will file a lawsuit against you, the party being held responsible, and the insurer will win, almost every time.
Important note: Insurers aren't obligated to pursue subrogation, but some states require insurers to inform their customers when they decide not to. Customers in those states may then attempt to recover their deductible on their own.
