After an accident, whether car, personal injury, or other type of accident, the first step most people take is to file an insurance claim. In doing so, you are able to get the medical care or the vehicle repairs you need without paying for them out of pocket. However, when the accident is the fault of someone else, subrogation might come into play.
Subrogation is an important term to understand in the insurance world and can impact the amount that you are awarded in a settlement. Having a Las Vegas personal injury lawyer on your case can ensure your rights are protected so you get the compensation you deserve.
What Is Subrogation?
Subrogation is a legal right given to insurance companies that allows them to claim some of someone’s personal injury settlement to pay themselves back for benefits they already paid out to the injured party. The goal is to avoid double payment to the injured party.
For instance, if Jane is in a car accident, she will file a claim with her insurance and will receive benefits from her insurance covering the cost of medical and other expenses. If the accident was the fault of the other party, the insurance company will then pursue a reimbursement from the at-fault party’s insurance. The insurance company has a legal right to do this on behalf of the insured party.
If the at-fault party’s insurance company pays the reimbursement, all of it will go to the insured party’s insurance company, paying them back for what they already paid out. If the deductible is also recovered, the injured party will receive that back.
The Steps Of Subrogation Process After An Accident
The Steps Of Subrogation Process After An Accident
When you’re involved in an accident that is not your fault, it is helpful to have a Las Vegas personal injury attorney involved from the start to protect your rights. Once the steps of the subrogation process begin, they will keep a close eye on the process to make sure you get the compensation you deserve.
- Step 1- Filing Your Claim: The very first step when you’re in an accident is to file a claim with your insurance provider. This happens regardless of who was at-fault. The subrogation process does not begin until this happens and your claim is settled.
- Step 2- Identifying Who Was At Fault: The next step of the process involved identifying who was at-fault for the accident. It could be another driver for an auto accident, a business in a slip-and-fall injury, or a third party company in a product liability claim.
- Step 3- Negotiation Between The Insurance Companies: Once the at-fault party is identified, your insurance company and their insurance company will work on negotiations. Your insurance company will fight to receive back what they paid out as well as the deductible you paid.
- Step 4- Receiving Payment: Once negotiation is complete, your insurance company will be compensated for what they paid out for your case. Additionally, you might be awarded your deductible back. This is especially beneficial for those who have high deductibles.
Common Types Of Insurance Policies & Subrogation
There are many types of insurance policies that can take advantage of subrogation. Regardless of the insurance policy, the goal is the same: to make sure the at-fault party pays for the damages and the insurance provider that originally paid for the damages is reimbursed. The types of insurance policies that most often use subrogation include:
- Health Insurance
- Car Insurance
- Worker’s Compensation
- Uninsured or Underinsured Motorist
How Subrogation Affects Las Vegas Personal Injury Claims
Subrogation can also be initiated if you have decided to pursue a personal injury claim with the help of a Las Vegas personal injury attorney. A personal injury attorney can play an important role in your personal injury claim when it comes to the subrogation process.
Instead of simply filing with your insurance company and letting them sort out who pays for what amounts with the at-fault party’s insurance, you can file for a personal injury claim, which could get you more compensation. Some benefits of filing for a personal injury settlement instead of solely relying on your insurance to handle subrogation:
- You can recover non-economic damages such as loss of enjoyment of life, emotional distress, pain and suffering, and others.
- You can recover other economic losses that may not be covered with your insurance company such as lost wages, future medical costs, or out-of-pocket expenses.
- You can potentially benefit from punitive damages if gross negligence or intentional harm was involved.
While a personal injury claim can increase the amount of compensation you are awarded, your insurance company will likely still pursue subrogation from your compensation. Because they may assert a claim for costs they are not entitled to, it is helpful to have a Las Vegas personal injury attorney involved in the case.
Benson & Bingham Is Here To Help You With Your Subrogation Case
If you have been in an accident, reach out to our Las Vegas personal injury attorneys right away at Benson & Bingham. We boast thousands of 5-star ratings on many platforms and have over 20 years of personal injury experience. With a track record of success, you can be confident that you will receive the compensation you deserve, especially when subrogation is involved.
Don’t wait to get started, contact us today and have peace of mind as you put your life back together after an accident.
Read About Our Other Secret Top Tips to Maximize Your Compensation
1. Settle Faster, Settle Bigger: 20 Tips From Top Injury Lawyers for Maximizing Your Settlement
2. Understanding the Insurance Process: Navigating insurance claims and negotiations effectively.
3. Gathering Crucial Evidence: Tips for collecting and preserving evidence to strengthen your case.
4. Documenting Your Injuries: Importance of thorough medical documentation for maximizing compensation.
5. Negotiating with Insurance Adjusters: Techniques for achieving a favorable settlement offer.
6. Understanding Settlement Offers: Evaluating offers and knowing when to accept or negotiate further.
7. Considering Future Damages: Anticipating long-term medical expenses and future losses.
8. Avoiding Common Mistakes: Pitfalls to avoid that could jeopardize your settlement.
9. Calculating Your Damages: Including medical bills, lost wages, and non-economic damages.
10. Proving Liability: Strategies for establishing fault and holding the responsible party accountable.
11. Dealing with Medical Providers: Managing medical bills and liens during the settlement process.
12. Utilizing Expert Testimony: Leveraging expert witnesses to support your claim.
13.Navigating Legal Deadlines: Understanding statutes of limitations and other time constraints.
14. Preparing for Litigation: Steps to take if settlement negotiations break down and litigation becomes necessary.
15. Seeking Emotional Support: Importance of seeking emotional support during the settlement process.
16. Reviewing Legal Fees and Costs: Understanding the financial aspects of hiring a lawyer and pursuing a claim.
17. Handling Subrogation Claims: Dealing with reimbursement claims from insurance providers.
18. Staying Informed and Empowered: Keeping up-to-date with the progress of your case and asking questions.
19. Protecting Your Rights: Knowing your legal rights and advocating for fair treatment throughout the process.
20. Maintaining Confidentiality in Settlement Negotiations and Mediations