What's Subrogation?


 So let's say you're driving into Seattle and unfortunately someone behind you is paying more attention to their Blackberry than driving, and rearends you. You're injured and need medical care, but at least you have Personal Injury Protection (PIP) which will take care of your medical bills. Did you know that in some circumstances you have to reimburse your insurance company for any payments made under PIP coverage? That's right, you pay them a premium, they provide PIP coverage, and then you pay it back.

Ok, it sounds a little counter-intuitive, but it really does make sense. Lets take a couple different senarios. Number 1 - You are injured in a car accident, you use your PIP coverage to pay for your medical care and you do not pursue a claim against the other driver. Maybe you don't want to. or perhaps the accident was your fault. In this senario, you do not have to reimburse your insurance company because you did not receive a settlement from another party. https://askcompetentlawyer.com/business-torts/ To put it another way, your insurance company does not have a right of subrogation (right of reimbursement) in this case. Lets look at senario Number 2 - You are in a car accident, it's not your fault, you are injured and use your PIP for your medical care. You then settle your claim against the at fault driver. Your insurance company will have a right of subrogation.

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