What is a subrogation claim in the auto insurance claims process?
A subrogation claim in the auto insurance claim process is the right of an insurance company to pursue third parties responsible for damages. In most states, drivers share some of the fault for the accident with each other. Understanding subrogation claims can help you make your auto insurance claim more successful.
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Brandon Frady
Licensed Insurance Agent
Brandon Frady has been a licensed insurance agent and insurance office manager since 2018. He has experience in ventures from retail to finance, working positions from cashier to management, but it wasn’t until Brandon started working in the insurance industry that he truly felt at home in his career. In his day-to-day interactions, he aims to live out his business philosophy in how he treats hi...
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UPDATED: Jun 29, 2023
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Jun 29, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- Subrogation means transferring your right to sue to a third party
- Your insurance company can use subrogation to pursue compensation from another driver’s insurance company or sue the person who caused an accident
- A waiver of subrogation keeps your insurer from suing someone on your behalf
A subrogation claim in the auto insurance claims process is an important component of your coverage. Understanding subrogation and how it works can help you get more compensation after an accident.
It’s an essential part of knowing how to file an auto insurance claim. In this article, we’ll discuss the meaning of subrogation and how it works.
Subrogation Claims in the Auto Insurance Claims Process
Subrogation is a legal term that originated from Latin. “Sub” means “instead of,” and “rogare” means “to ask.” Subrogation happens when a third party collects damages or a debt on behalf of someone else. It asks one party to act instead of another.
For example, if you have an accident, and someone else caused it, your auto insurance company can pay your claim and then recover the costs from the other driver’s insurance coverage.
Your company acts on your behalf to pay you promptly and then get compensation from whoever caused the accident. With subrogation, you can often retain a good driver auto insurance discount if an accident was someone else’s fault.
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How Subrogation Claims Work
Subrogation in auto insurance usually has several steps:
- Someone with auto insurance has an accident that was another driver’s fault.
- The insurance company of the individual who got hit pays their claim.
- The insurance company pursues reimbursement from the at-fault driver’s insurance company.
- If necessary, that insurance company sues the other driver to recover the cost of the claim.
When subrogation happens, you transfer your right to sue to another party. In this case, the other party is your insurance company.
If your company decides it doesn’t want to use subrogation, you can speak to a lawyer and file your own lawsuit against the person who caused the accident. Mediation can help you negotiate with the other driver and their insurance company.
Waiver of Subrogation
In some circumstances, you might want to keep your auto insurance company from suing someone on your behalf. A waiver of subrogation is an agreement that keeps your insurance company from suing the party who’s at fault for reimbursement.
Some insurance companies don’t let people waive subrogation. Before you sign a waiver of subrogation or any other agreement, check your insurance policy or speak to the customer service department to make sure that your insurer permits this.
You may need to sign a waiver of subrogation if an at-fault party asks you to sign a waiver of subrogation in exchange for a direct settlement.
You might also know the at-fault party and want to avoid risking your relationship with them by letting your insurer sue them. A waiver of subrogation could also be part of a contract that people sign before having any accidents.
Understanding Subrogation Claims and Their Benefits
Subrogation can help you get paid for repairs or a replacement vehicle more quickly after an accident. Insurance companies are often more likely to make payments when they have the option to sue a third party or negotiate with them to recover funds.
Since the at-fault driver or their insurance company ultimately pays the financial penalty for the accident, your auto insurer usually won’t raise your rates for a claim that involves subrogation.
You can compare subrogation policies and other insurance options by getting affordable instant auto insurance quotes. You can also learn how to check the status of an auto insurance claim.
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Frequently Asked Questions
How long does the subrogation process take?
If the other driver has insurance, admits they were at fault and doesn’t contest your insurance company’s claim, the process could only take a few days. If an uninsured driver was at fault or both drivers were partially responsible for the accident, the subrogation process could take several weeks.
Can I wait to file an auto insurance claim?
In most states, people can wait up to two or three years to start an auto insurance claim. If you need medical treatment, you may not know the full cost until the treatment is over. If a driver refuses to give their contact and insurance information, it could take time to find their identity before filing a claim.
What does pending subrogation mean?
Pending subrogation means that your insurance company is waiting for payment from another driver’s insurance company.
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Brandon Frady
Licensed Insurance Agent
Brandon Frady has been a licensed insurance agent and insurance office manager since 2018. He has experience in ventures from retail to finance, working positions from cashier to management, but it wasn’t until Brandon started working in the insurance industry that he truly felt at home in his career. In his day-to-day interactions, he aims to live out his business philosophy in how he treats hi...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.