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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.
Simply put, subrogation protects you and your insurer from paying for losses that aren't your fault. It's common in auto, health insurance and homeowners policies. It lets your insurer pursue the person at fault to recover the money paid out for a claim that wasn't your fault.
A subrogation receipt transferring the insured's entire causes of action to the insurer allows the insurer to recover in the insured's name for the entire loss, not just to the extent of its payment.
As part of the car insurance claims process, your insurer will tell you if it will file a subrogation claim. This doesn't mean your insurance company will do this for every not-at-fault claim. Keep in mind that state laws vary, so some claims or expenses may not be eligible for subrogation.
This right is called subrogation and is an equitable doctrine. A person can satisfy his/her loss that is created by the wrongful act or omission of another person by stepping into the shoes of another and recovering on the claim from the wrongdoer.
Subrogation is a term describing a right held by most insurance carriers to legally pursue a third party that caused an insurance loss to the insured. This is done in order to recover the amount of the claim paid by the insurance carrier to the insured for the loss.
At the minimum, your subrogation file should contain all elements corresponding to liability determination and proof of damages. Being able to prove who is at fault is essential. You'll want to include documentation and any information you've gathered, such as witness statements or police reports.
Under Alabama law, the contractual right of subrogation for medical payments is enforceable by the insured.