Legal Guide

What Does A Subrogation Attorney Do?

Although the work that most attorneys do on a daily basis can be complicated and difficult to understand, the work that subrogation attorneys perform can involve even more complex pieces of law.

So what work involves a subrogation attorney?

Essentially, subrogation is defined as being able to “substitute in one thing for another thing.” This means that, in terms of an accident, subrogation may be used to determine if a third-party should be paying for the damages incurred instead of you or your insurance.

At the end of the day, subrogation attorneys help their clients avoid injustice, and they use subrogation as a device to achieve equality.

When Do Subrogation Attorneys Become Involved?

Most often,  subrogation law comes into play when you have been involved in some kind of accident,  and then your insurance policy has to be used. As you know, your insurance policy is intended to compensate you monetarily for the damages that are caused when you’ve been involved in an accident where you are not at fault for the accident itself. If you were the one who’s at fault for the accident happening then your insurance company may or may not end up paying for any damages, depending on the policy you have.

Subrogation attorneys are in charge of brokering who will end up paying whom after all the claims from the accident have been filed. After the accident, your insurance company will pay you for the damages that occurred to you. The monetary amount given to you will depend on what damages occurred to your health in addition to any property damages.

How The Insurance Company Proceeds After Paying You

After the insurance company pays you for your claim, they will start to seek out compensation from the party that caused the accident. Subrogation attorneys play the part of helping insurance companies sue the third-party that caused the accident so the insurance company will receive back some of the money it gave you for the claim.

To better understand why a subrogation attorney would become involved, think of your insurance company as “making you whole” when they pay you for your claim. However, the insurance company then seeks to “substitute” their loss through gaining compensation from the party at fault.

One important thing to note is that this whole scenario changes significantly if, for some reason or another, your insurance company will not pay the damages from your accident because of the policy you have. You’ll then be forced for the damages caused out of your own pocket. At this point, you will need to work with a subrogation attorney so you can receive payment from the party that was at fault for your accident.

Subrogation Attorneys And Settlement Payments

One thing to know when you’re going to move forward with a subrogation claim is that each state is different in the time period for when you’re required to submit your claim. You should also be aware that the existence of any subrogation interests can affect the settlement of third-party lawsuits. Luckily, your subrogation attorney will explain all of the finite details to you as the process continues.

What Are Subrogation Interests?

Occasionally, obstacles will arise that can cause difficulties when it comes to agreeing on a settlement of a lawsuit against a third party.

You, as the injured party, and your insurance company may receive compensation from your claim with the third-party member who was at fault for causing the accident.

 Yet, this settlement could also begin to impact your policy with your insurance company. You may no longer receive the same payments from your insurance company once your subrogation lawsuit has been settled because you will have received another form of compensation and your insurance company may no longer be required to keep paying you.

How Your Subrogation Attorney Will Benefit You

However, a decent subrogation attorney will make you aware of this possibility before you proceed forward with the lawsuit. Your insurance company will also be required to notify you if they were no longer going to be paying you compensation even before the settlement suit is completed.

As stated previously, subrogation attorneys deal with a complicated part of the law that includes many different pieces. It certainly is not something you should try to figure out by yourself because it could end up costing you your case. 

If you require help with a subrogation case in your state, you should contact an experienced subrogation attorney today.

comments powered by Disqus