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  • By: Shawn Gozarkhah, Esq.
Insurance Agreement document with a bright orange Subrogation tag and a pen.

In this article, you can discover…

  • What subrogation is, and how it relates to a personal injury case.
  • How subrogation could impact your final settlement amount.
  • Whether subrogation can be reduced with the help of an experienced attorney.

What Is Subrogation In A California Personal Injury Case?

Subrogation, in this case, refers to the process where the insurance company that paid for the brunt of your medical expenses or car repair expenses goes after the at-fault driver’s insurance (and, ultimately, any damages you are paid) to be compensated for those payments.

Insurance companies will use their access to private databases to see if you have a personal injury case pending. Once they realize you’ve filed a claim, they’ll then force you to either deal with them through a lien, through direct reimbursement, or by getting their name on your settlement check (which would require you to get their agreement to endorse the check before anyone can be paid).

Why Do Health Insurance Companies Seek Reimbursement After A Car Wreck Settlement?

Health insurance companies don’t appreciate parting with money, and if there’s an avenue for them to recover what they’ve paid out, they’ll seek it.

Once they’ve searched their databases and determined that you’ve filed a personal injury claim, your health insurer will send your file to a subrogation company (sometimes a law firm, other times a collection agency). This subrogation company will start shaking trees to see if anyone can be tapped to pay the insurance company back.

They’ll attempt to get a lien on your case to be compensated for what they paid the hospital where you were treated. And this can be one of the biggest things to impact your take-home damages at the end of your case.

Can Subrogation Claims Be Negotiated Or Reduced?

Yes, subrogation claims can be negotiated, but you will need an attorney’s help. The good news is that subrogation claims are negotiable, and a good personal injury attorney won’t accept paying an insurer back in full. At TheLaw Man Group, APC, we’ll fight to reduce the amount the subrogation company is seeking so that you can keep more in your pocket.

To this end, it’s very important to share any letters or emails you may receive with your attorney. As soon as you’re sent something from your insurer, another law firm, or a collection agency, let your attorney know. This helps your lawyer avoid surprises and prepare ahead of time for negotiations.

Still Have Questions? Ready To Get Started?

For more information on subrogation claims in California car wrecks, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 337-5214 today.

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