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How Does Subrogation Affect my Personal Injury Claim

How does subrogation affect my personal injury claim? You are probably asking this question because you have heard this word mentioned in relation to a car accident you were involved in.

You were in a car accident that was not your fault. Another party was at fault for the car accident.

As a result of the car accident, you sustained injuries that required medical attention. In spite of the fact that the car accident was caused by the other party, it was your car insurance company that paid your medical bills which resulted from the accident. This is a provision of your car insurance policy that is known as personal injury protection (PIP).

Medical expenses


You make a personal injury claim against the party that caused the car accident. You receive a settlement from that party’s insurance company. A part of the settlement you receive is for your medical expenses.

You are really excited. You think about what you are going to do with the extra money, since your car insurance company has already paid for your medical expenses through the PIP provision of your car insurance policy.

However, you find out that your car insurance company is filing a subrogation claim. You want to know what subrogation is, and how will subrogation affect the settlement you have received from your personal injury claim.

Definition


Subrogation is defined as, “the substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.

In plain English, subrogation is the right of a party that paid benefits to you, to be reimbursed for those benefits when another party is deemed liable for those benefits. Subrogation is also referred to as “the right of reimbursement” or “the right of recovery”.

Settlement


Here is how subrogation affects your personal injury claim. Your car insurance company paid for your medical expenses that resulted from the car accident in which another party was at fault. If you receive a settlement from that party or their insurance company, the part of that settlement which is for your medical expenses can be claimed through subrogation by your car insurance company.

The problem is that most people do not know about the subrogation provision of their car insurance policy. They are completely unaware of the fact that their car insurance company is allowed to be reimbursed for any medical expenses it has paid that resulted from a car accident in which another party was at fault.

Right or wrong


You may think that this is not right. You may think that this is wrong.

If that is the case, you will be glad to know that there are exceptions to claims of subrogation. A personal injury attorney is the one who knows the facts regarding subrogation.

If you have a personal injury claim that involves subrogation, the best thing to do is to call a personal injury attorney and have your claim evaluated at no cost or obligation to you.

Article written by James Shugart

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