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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.
Negotiate the claim. If you and your lawyer are unable to stop the subrogation claim altogether, it is possible to negotiate. Most insurance companies are willing to negotiate because they want to settle claims quickly and get their money.
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.
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.
Generally, in most subrogation cases, an individual's insurance company pays its client's claim for losses directly, then seeks reimbursement from the other party's insurance company. Subrogation is most common in an auto insurance policy but also occurs in property/casualty and healthcare policy claims.
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.
And we hereby subrogate to you the rights and remedies that we have in consequence of or arising from loss/damage to our insured goods and we further hereby grant to you all power to take and use all lawful ways and means to demand, recover and to receive the said loss/damage and all and every debt from whom it may ...
Third-party claims; subrogation. When a third person is liable to the employee or to the dependents for the injury or death of the employee, the employer shall be subrogated to the right of the employee or to the dependents against such third person.