Call for a free consultation

Talk to Our Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York

What Is the Role of Subrogation in Car Accident Cases?


In addition to injuries and property damage, car accidents often create financial and legal challenges for drivers. Oftentimes, subrogation comes into play with these claims. It is a legal process that allows insurance companies to recover money from the at-fault party after compensating their own policyholder. Learning about how subrogation works can reduce confusion for drivers and their families.

What Does Subrogation Mean?

Subrogation is when an insurance company steps into the shoes of a policyholder to recover payments made for damages. After compensating a driver, the insurer can pursue reimbursement from the party responsible for the accident. This process prevents duplicate payments and holds the correct party accountable for financial losses.

How Does Subrogation Work After a Car Accident in Cherry Hill?

When a driver files a claim, the insurance company may pay for repairs, medical bills, or other covered losses. The insurer then investigates liability and, if the other driver is at fault, seeks repayment from that party or their insurer. This may involve reviewing police reports, witness statements, and accident documentation to support the reimbursement claim.

Why Do Insurance Companies Use Subrogation?

Insurance companies use subrogation to recover funds after paying for losses, which helps keep premiums from rising unnecessarily. By shifting financial responsibility to the at-fault party, insurers maintain fairness and accountability. Subrogation also allows companies to manage claims efficiently while protecting the financial interests of policyholders.

How Do Policyholders Receive Compensation During Subrogation?

Policyholders usually receive payment for damages while subrogation is ongoing. The insurer provides funds upfront, then pursues reimbursement from the responsible driver’s insurance company. This allows claimants to repair vehicles, pay medical bills, or address other expenses without waiting for another party to accept liability.

Does Subrogation Affect Personal Injury Claims?

Subrogation can influence personal injury claims when medical bills are initially covered by health insurance or personal injury protection coverage. The insurer may later request reimbursement from the at-fault driver’s insurer. Policyholders can still pursue additional compensation for pain, suffering, or other damages not covered by insurance payments.

What Happens if There Is Shared Fault?

Accidents involving shared fault require careful allocations of financial responsibility. Insurance companies may use comparative fault rules to divide costs according to each driver’s level of responsibility. In these cases, reimbursement may be partial rather than full, depending on the investigation findings and applicable state laws.

Can Policyholders Waive Subrogation Rights?

Some policies allow a policyholder to waive subrogation rights, usually with prior approval from the insurer. Waiving these rights prevents the insurance company from seeking repayment from the responsible party, but it may affect coverage or result in higher out-of-pocket costs after an accident.

What Should I Do if My Case Involves Subrogation?

Provide accurate information to your insurer, including police reports, medical documentation, repair invoices, photographs, and witness statements. Prompt cooperation allows the insurance company to pursue reimbursement efficiently. While insurers handle most of the subrogation process, you may receive updates and should respond quickly to requests for additional information.

What if My Insurer Refuses to Subrogate My Cherry Hill Car Accident Claim?

 

If your insurer refuses to subrogate your claim, you may still recover losses through other means. You can negotiate directly with the at-fault driver’s insurance company or file a lawsuit to seek compensation. It is important to review your insurance policy, as some coverages allow you to pursue reimbursement independently. Our Cherry Hill car accident lawyers can clarify your legal options and protect your rights while handling your claims process.

Talk to Our Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York

If you have questions about subrogation or any other concerns about a crash, contact our Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and we serve clients across New Jersey and Pennsylvania.