When you’re injured in a car accident, you can obtain comepnsation for your injuries. If someone else is to blame, you can get money from their insurance company. However, sometimes an insurance claim can remain unresolved for a lengthy period of time. You need money, so you pay your deductible and your insurance company steps in and covers the rest of your costs.
The accident wasn’t your fault, so your insurance company will want to be reimbursed for the money it paid to cover the costs of your injuries. Your car insurance policy probably has a subrogation clause built in. Subrogation can allow your insurance company to recover the money it paid after your accident. During the process, your insurer may even be able to recover your deductible and out-of-pocket expenses.
Subrogation refers to an insurance company’s right to “legally pursue a third party that caused an insurance loss to the insured.” In other words, subrogation allows your insurance company to seek reimbursement for money it paid to cover your accident-related costs. Without subrogation, your insurance company would not have the right to file a claim against a third party.
Example: Driver A and Driver B are involved in an accident. Driver A caused the accident but denies responsibility. Driver B needs money now, so they decide to pay their deductible and have their insurance company cover the remaining costs. Driver B’s insurance company can file a claim against Driver A’s insurance company to recover the amounts they paid as well as Driver B’s out-of-pocket costs.
Yes. Your insurance company can still be reimbursed for benefits paid after an accident even if you are partly responsible. However, your insurer may not be able to recover all of the benefits it paid. Instead, it will be able to recoup a percentage of its costs.
The amount that your insurance company can recover will depend on how much of the accident was your fault. If you were 50 percent responsible for the accident, your insurer would be able to recover 50 percent of the money it paid on your behalf.
Yes. Your insurance company can still recover the deductible and out-of-pocket costs you spent after your accident. However, you will only get a fraction of what you paid. If you had a $5,000 deductible, and you were 50 percent at fault for your accident, your insurance company will only reimburse you with $2,500.
Yes. Subrogation doesn’t necessarily mean that your insurance company has to seek reimbursement from another insurance company. Your insurer can demand compensation from any third party that contributed to your Los Angeles accident. If the other driver wasn’t insured, your insurance company could file a claim against the driver themselves.
Yes. Your insurance company always has to notify you whenever it decides to subrogate a claim. This lets you know that your insurer is stepping into your shoes and exercising rights that are typically reserved for you.
Notice of subrogation is required because you are also entitled to reimbursement for your deductible and other out-of-pocket costs. If you didn’t know about the subrogation claim, you might not know that the insurance company recovered money that is rightfully yours.
Dealing with any personal injury claim after an accident can be challenging. This is particularly true when insurance companies are involved. You are much more likely to recover the compensation you deserve when you let an attorney handle your case. Call the experienced legal team at Glotzer & Leib, LLP to schedule a free case assessment today.
Joshua W. Glotzer is a Super Lawyers-recognized personal injury attorney and Managing Partner at Glotzer & Leib, LLP. With over 25 years of experience and multiple seven-figure recoveries, he handles complex cases involving car accidents, slip and falls, and elder abuse. Known for his personalized, results-driven approach, Glotzer ensures every client receives the skilled representation they deserve.
“Mr. Glotzer represented me after I was involved in a car accident. I was badly injured,but the insurance company refused to offer me a reasonable settlement. I decided to find an attorney and decided to hire Josh.
His law firm did a great job on my case. They were very responsive to all my questions and obtained a great resolution for me. I received way more money than was originally offered. I would recommend their firm to friends and family.”
“Mr. Josh Glotzer is a great attorney. Over the last 15 years he has helped me on a number of cases with professionalism, and more importantly a positive outcome in my favor. I have referred him to a number of friends and colleagues, all of which have been equally as happy with his legal representation. I trust him and confident in legal ability. I highly recommend his law firm.”
“Don’t try to deal with insurance companies on your own. They strung me along for almost two years before I gave the case to Glotzer & Leib. Josh and his team quickly obtained a settlement that netted me many times what the insurance company was offering. Thank You!”
“My wife was in a car accident last year and Josh did an amazing job representing her. It’s very refreshing to see someone in his profession that actually cares and puts his clients first. He’s the best in the business and I feel so fortunate that I was referred to him. Keep up the great work and thanks for everything you did for my family!”
“I was in a rear end car accident last year and hired Mr. Glotzer’s office. It wasn’t a big case but their office helped me with my property damage claim and did a good job resolving the injury portion of the case as well.”
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