After a car accident, you may wonder how your insurance policy applies and how you can recover damages. One of the terms you’re likely to come across is “subrogation.” In this blog post, the Las Vegas car accident lawyers at ER Injury Attorneys will explain what subrogation is, how it works, and how it may affect your car insurance claim.
What Is Subrogation in the Context of Auto Insurance?
Subrogation is a legal term that refers to the right of one party to pursue a claim or recovery on behalf of another party. In car insurance, subrogation is applied when your insurance company has paid for damages caused by a negligent or reckless driver and then seeks reimbursement from that driver’s insurance company.
How Does It Work?
The following is how subrogation works in the case of a car accident:
- You File a Claim: You file a claim with your own insurance company in the event of an accident for damages to your vehicle, medical expenses, and other losses.
- Your Insurance Pays: Your insurance company pays under your policy for the covered damages, which may include collision or comprehensive coverage.
- Subrogation Process: Your insurance company then starts the subrogation process so that the money it has paid can be recovered from the insurance company of the at-fault driver.
- Settlement or Litigation: The insurance companies may negotiate a settlement or, where necessary, file a lawsuit to settle the claim.
Why Does It Matter?
This is important for a variety of reasons:
- Lower Premiums: Since they are recovering money from the other driver’s insurance company, your insurance company will be in a position to keep premiums lower for all policyholders.
- Fairness: It holds the at-fault driver and his insurance company responsible for the damages caused.
- Smoother Claims Process: It can smoothen the claims process by making the recovery process the responsibility of your insurance company.
How Does Subrogation Relate to My Car Crash Claim?
Subrogation can interfere with your car insurance claim in several ways:
- Mandated Delay of Payment: If your car insurance company is subrogating, it may not pay for your damages until the process is complete.
- Lien on Your Settlement: If you are awarded a settlement from the at-fault driver’s insurance company, your insurance company may attach a lien to the settlement as a means to recover its money.
- Legal Entanglement: Subrogation, in some cases, also leads to legal proceedings.
Contact a Top Las Vegas Car Crash Lawyer Today
The Las Vegas injury lawyers at ER Injury Attorneys are here with the information you need on subrogation and car accidents. If you’re facing subrogation, our dedicated team of personal injury attorneys is ready to help with the claim process and build a strong case for financial compensation.
ER Injury Attorneys is available to assist you 24 hours a day, 7 days a week. You can reach us right now by dialing 702-878-7878 or online through LiveChat. You can also fill out this contact form. ER Injury Attorneys represents accident victims throughout Southern Nevada, including Henderson, Summerlin, Pahrump, Boulder City, Laughlin, and beyond. Get in touch with us today to get the legal advocacy you need.