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One way to avoid an effort to subrogate from the victim's insurance company is if there is a subrogation waiver. The reasons why an insurance company would agree to a waiver is the subject of a different page.
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.
In the context of real estate, subrogation is when one party takes over the contractual rights and responsibilities of another party. The legal principle can be used to recover damages incurred by the original party or to transfer responsibility for the payment of a debt to the new party.
Hawaii's workers' compensation subrogation statute?§ 386-8?provides a clear formula for allocating recoveries by employees in third-party claims. An employee is entitled to first deduct from any recovery the reasonable litigation expenses and reasonable attorneys' fees incurred in obtaining the recovery.
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.