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A health insurance company or benefits plan with subrogation rights relative to an injury settlement is not required to negotiate their subrogation interest in the claim.While the insurer may refuse to negotiate, the insurer's ability to actually collect the settlement proceeds from the insured may be very limited.
Personal injury claims in Oregon have a statute of limitations requiring you to either settle your claim or file a lawsuit within two years. This means you have two years from the date of the injury to settle your claim with the insurance company or go to civil court and file a lawsuit.
Simply put, subrogation protects you and your insurer from paying for losses that aren't your fault.It lets your insurer pursue the person at fault to recover the money paid out for a claim that wasn't your fault. Here's an example of how auto subrogation works: You get rear-ended and the other driver is at fault.
You or your personal injury attorney may be able to negotiate with your health insurance provider to reduce the amount being claimed by subrogation. Because attorneys are more experienced in dealing with these situations, they often get better results than attempting to negotiate the subrogation claim yourself.
Policyholders benefit from subrogation, since it keeps premiums low for good drivers and helps insurance companies pay claims quickly. A waiver of subrogation is an agreement not to collect funds from the at-fault party. Drivers should always consult their insurance company before signing one.
The subrogation process can take anywhere from 30 days to several years.
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.
What happens if you don't pay a subrogation claim? If you choose to not pay a subrogation, the insurer will continue to mail requests for reimbursement. Again, they may file a lawsuit against you. One way to avoid an effort to subrogate from the victim's insurance company is if there is a subrogation waiver.