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What Is Subrogation in My Automobile Injury Claim?

Subrogation is a term in insurance law that allows one insurer to be paid by another insurance for the same coverage.  This often occurs in automobile claims where there is insufficient PIP coverage to pay all medical bills. If the medical bills are paid by your health insurance carrier, they may be entitled to recover medical expenses paid for injuries from the claim.  

Let me give an example.  Say that you are injured in an automobile accident in Kentucky.  Your medical bills are $25,000 and you have the standard $10,000 in PIP/no-fault coverage.  Your automobile policy will pay the first $10,000 of medical bills, then your health insurance will pick up the other $15,000 in medical bills.  If you then file a claim with another party, you may be entitled to reimbursement.  

Often if you have a claim,  you can receive insurance for lost wages, uncovered medical bills, and pain and suffering.  Any money paid for the medical bills will be repaid from the "at-fault" insured to the health insurance company that paid those bills.  Therefore, if the case is settled for standard limits of $25,000, it is possible that $15,000 of that will be paid to the health insurer.  This is subrogation.

Often times this subrogation claim can be negotiated; especially when the total recovery is insufficient to cover all that it should. In the above case, for example, the claimant may be entitled to $10,000 for lost wages and possibly $50,000 for pain and suffereing.  To say that he only gets $10,000 and that the health insurer gets completely reimbursed would be inequitable.

If you have questions about subrogation or your personal injury claim, call Michael Bouldin at 859-581-6453 or email [email protected]

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