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"Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy ? after they've paid a covered claim ? to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.
Subrogation has been described as: the right of an insurance company to recover money from the person that caused the accident for the damages it paid to you as the insured party. the insurance company's right to be put in the position of you to pursue recovery from the person responsible for the accident.
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.
The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured's attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit.
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.
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit.
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.
The most common type that can be subrogated is property damage claims. For example, if you are involved in an auto accident where no one is injured, but the vehicles are damaged, and you are free of fault, your insurer will pay to have your vehicle damage repaired.