Accidents in Florida can bring about all this havoc to an insurance claim, more so in the no-fault setting upheld by the state. One such term that can confuse casual drivers is “insurance subrogation.” Knowing what subrogation is, when it kicks in, and whether it strong-arms your claim will save you from surprises and preserve your interest.
What Is Insurance Subrogation?
Subrogation refers to when your insurance company tries to recover from the at-fault driver’s insurance after indemnifying you for damages. Your insurer is going to somehow “step into your shoes” to recover the money it had spent on your medical bills, car repairs, and other pertinent damages.
Thus, for example, it may pay for repairs under your collision coverage and then go after the other driver’s insurance for reimbursement.
How Does it Work in Florida?
Florida employs a no-fault system of insurance, so drivers will first look to their own PIP coverage for medical expenses, regardless of fault. That said, subrogation comes into play with damages in excess of the PIP limit or property damages.
- Property Damage: If it turns out the other driver is at fault, your insurer can go after the repair costs under their property damage liability coverage.
- Medical Expenses Beyond PIP: If injuries become serious and go over PIP limits, your insurer can go after the at-fault driver’s coverage for repayment.
Why Subrogation is Important to You?
Though subrogation is mainly between the insurance companies, it could affect you in certain respects: The quicker the processing, the sooner you will receive back your deductible, should your insurance company. Go on to recover some money. So that your payment on your claim can be expedited, your insurer can then subrogate against the other insurance company. However, in rare cases, it may involve legal assistance from you if the case develops into a court trial.
Bottom Line!
Subrogation tries to be fair to all policyholders and beneficiaries by reimbursing the actual fault ascertainable in a loss. In Florida, understanding how subrogation works will allow you to strengthen your claim, especially during the injury and property damage scenario. If things head on to the bad end, it is best to seek legal assistance to ensure all rights are in place for protection.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an Insurance claims attorney St Petersburg FL. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.
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