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North Carolina is unique, as the state strictly prohibits subrogation language or clauses in privately funded health insurance policies. This means that North Carolina insurance companies are not able to receive a subrogation interest in your personal injury recovery.
Another possibility of subrogation occurs within the health care sector. If, for example, a health insurance policyholder is injured in an accident and the insurer pays $20,000 to cover the medical bills, that same health insurance company is allowed to collect $20,000 from the at-fault party to reconcile the payment.
There is no requirement to respond, but it can be in your best interests to reply. The subrogation claim will likely be sent to a collection agency, and that collection agency may be willing to accept less than the total amount owed in order to settle the debt.
Can you negotiate a subrogation claim? Yes, you can. Lawyers representing insurance companies like State Farm, GEICO, and Allstate are running a factory to try to process subrogation claims. These subrogation attorneys typically get a portion of the money that they recover making subrogation claims.
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.
If you do not respond to the subrogation letter, you may continue to receive subrogation letters. At some point, the insurance company may file a lawsuit against you.
Subrogation claims rely on fault, and insurance companies can only file claims against those they can prove are liable for property damage. If you can demonstrate that you are not liable for the property damage, the insurance company will have no grounds for their claim, and you will not have to pay it.
First, an attorney can provide legal expertise and guidance to help protect your rights and ensure you receive fair treatment throughout the subrogation claim process. They can also advocate on your behalf and negotiate with insurance companies for you to receive a fair settlement.