Auto Accidents

Subrogation

Subrogation is a legal right reserved by most insurance companies that allows for claims payments between insurance companies of two separate parties involved in a claim. When you file a claim, an investigation follows in order to determine who is at fault and how the circumstances dictate recompense. Following the investigation, whatever costs you are owed is paid by the insurance company and then reimbursed by the insurance company of the responsible party or parties. If you are in the San Antonio and have any questions regarding the process of subrogation, Carabin & Shaw Law Firm is the right place to have all of your confusions put to rest.

Sometimes, while the investigation is ongoing and you are not able to wait on the final results of the investigation’s findings, your insurance company will cover the costs and then retroactively reclaim these costs. Essentially, once the claim is filed, the insurance company will pay the claim and then reimburse you for the money they paid from the parties at fault.

Subrogation is also a way for unwilling and likely responsible parties to be forced to comply with any bids by the insurer from either side to seek subrogation. If you or a loved one is involved in an incident involving reparation and compensation in or around San Antonio, a Carabin & Shaw San Antonio personal injury lawyer is here to help. Contact our experienced San Antonio attorneys today.

If an investigation surrounding a claim finds the other party to be only partially at fault, the amount of a deductible you may be eligible to receive is prorated based on a numerical percentage representing the percentage of your fault and involvement in the incident. Auto accidents of all kinds, from small fender benders to rollover accidents and everything in between, mortgages, tax related debts are some of the most common instances where subrogation action can be necessary.

Types of subrogation include:

  • Indemnity insurance
  • Law of guarantees
  • Trust creditors
  • Subrogation to outgoing securities
  • Bills of exchange

It is important to understand that certain contractual obligations considered as subrogation by contractual claims are contained in many group health policies and medical pay policies. Thus if some of the medical bills from your accident were paid out of your group health insurance policy, you may be responsible to repay some or all of the costs incurred for reasonable and necessary treatment. If subrogation interest applies, reimbursement will be requested from your settlement or jury award.

The San Antonio attorneys at Carabin & Shaw are prepared to advise you if the right of subrogation by contract applies in your particular instance, or if there is any chance that it is invalid. For this to happen you will need to provide us a copy of your health insurance policy, as it is necessary for our team of lawyers to determine your exact legal rights as they pertain to your case. If you were never given a copy of the policy, you must request a copy from your employer or your health insurance agent. Your employer is required to produce a copy upon request. Note that requesting a copy from your health insurance provider or agent can be a slow process resulting in delays.

It is almost always advisable, even if you have subrogation provisions, to attempt to get your health insurance carrier to pay the cost of your medical treatment resulting from your accident. The reason for this is that we are usually able to convince health insurance providers to accept fewer subrogation dollars out of a final settlement of your case. This allows you to keep a greater amount of net funds than you will receive from your settlement.

Call the lawyers at Carabin & Shaw today for a free consultation. We have experienced San Antonio attorneys willing to help you with your personal injury case including possible subrogation action. You are not alone; Carabin & Shaw is here for you.

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