What the heck is subrogation and why should you care?

During a recent poll on our Facebook page, our readers indicated they would like to know more about subrogation. Here’s the scoop.

Our firm represents folks who have been injured, many times in automobile wrecks, by drivers of other vehicles who were negligent in some way to cause the wreck. We investigate the facts and circumstances surrounding the wreck while our client receives all the medical treatment he or she needs to get well. Sometimes the client needs many doctor and hospital visits, surgeries and physical therapy to heal the injuries suffered in the wreck. This often takes a long time and costs lots of money. Luckily, most people have some sort of health insurance coverage either through a work policy or through a state agency that helps to pay for all the medical bills.

When the insurance company pays your medical expenses it does not do so out of the kindness of its heart. As soon as your case settles or a jury returns a verdict for your injuries, your health insurance carrier will be standing by with its hand out to be repaid for the money it spent to get you well. It makes no difference whether you have had the policy for years and never had a claim. The law of subrogation allows your health insurance carrier to demand repayment of every dollar they spent to heal your injuries if you are awarded a recovery from the “tortfeasor”, the negligent driver who caused you to be injured in the first place. When discussing a settlement offer or trial strategy with your injury lawyer, you must remember the simple fact that your insurer wants to be repaid. Sometimes your lawyer may be able to negotiate a smaller subrogation amount than originally claimed. Always hire an experienced injury lawyer to handle your wreck or personal injury case.