What is Subrogation?

Subrogation occurs when one party, often an insurance company, steps into the shoes of another party to recover financial compensation. Essentially, if an insurance company pays for some or all of your expenses after an accident, they may have the right to recover those costs from the at-fault party through your legal claim. This process ensures that the responsible party ultimately bears the financial burden of the accident.

How Does Subrogation Work?

Here’s an example of how subrogation might apply in a personal injury case:

• You are involved in a car accident caused by an uninsured driver.
• You suffer injuries and require months of medical treatment.
• Your own insurance company pays $14,000 to cover your medical bills under your uninsured motorist policy.
• You pursue a lawsuit against the at-fault driver, and the court awards you $20,000: $14,000 for medical expenses and $6,000 for pain and suffering.
• Your insurance company files a subrogation claim to recover the $14,000 they paid on your behalf, leaving you with the remaining $6,000.

In this scenario, subrogation allows the insurance company to recoup the money they spent, while you retain the portion of the award meant for your pain and suffering.

Is Subrogation Fair?

While subrogation may feel unfair—after all, it reduces the amount of money you receive—its purpose is to prevent double recovery. Without subrogation, injured parties could potentially receive compensation twice: once from their insurance company and once from the at-fault party. This would result in overcompensation and unfair financial burdens for insurance companies.

For example, in the scenario above, if subrogation didn’t exist, you would receive $34,000 ($14,000 from your insurance company and $20,000 from the lawsuit), far exceeding the actual costs and damages. Subrogation ensures a fair distribution of funds among all parties involved.

When is Subrogation Common?

Subrogation can occur in any personal injury case where an insurance company or another third party has paid for part or all of the expenses. Here are some common scenarios where subrogation might apply:

• Workers’ compensation claims
• Defective or dangerous product claims
• Faulty medical device claims
• Nursing home abuse or neglect cases
• Any case where insurance or government programs cover costs, and another party is found responsible

If subrogation is involved in your case, it’s important to have an experienced attorney on your side to ensure your rights are protected and that you receive the compensation you deserve.

How Bert McDowell Injury Law Can Help

At Bert McDowell Injury Law, we understand the complexities of subrogation and the impact it can have on your financial recovery. Our experienced personal injury attorneys are committed to fighting for your rights and ensuring you receive the maximum compensation for your injuries. Whether you’re dealing with insurance companies, subrogation claims, or navigating Connecticut’s legal system, we’re here to help.

If you’ve been injured in an accident, don’t navigate this process alone. Contact Bert McDowell Injury Law today for a free consultation. We’ll review your case, explain your legal options, and guide you every step of the way.

Contact Us

Contact Bert McDowell Injury Law today by calling us at 475-231-3274 or filling out our online contact form. Let us help you get the justice and compensation you deserve.