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Insurance subrogation - do I need an attorney?
An health insurance company is contacting me as part of a subrogation claim for a non-automobile incident in which I was at fault and the victim required medical treatment. The victim is recovering and did not have any co-pays for his treatment and has not sought damages directly from me, yet. Is the subrogation process from insurance company an attempt to get me to pay, and should I be using an attorney to respond?
Attorney answers (3)
Reputation Level 19
Answered about 4 years ago.
DUI / DWI Attorney in Los Angeles, CA.
I cannot tell from your post what exactly the situation is, but you should speak with an attorney. Protecting yourself legally does not mean that you cannot be sorry for your actions. You are merely exercising your rights. Even if you were in the wrong, you still have rights.
1 person marked this answer as good
Nicholas Chukwuemeka Okorocha, licensed in California
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More facts would be needed to understand the context of the Insurer's claim on behalf of the injured party, but a "subrogation" claim under Georgia law (and likely under the insurance law in the state where this occurred) can permit an insurer to "stand in the shoes" of its insured after paying a claim for the benefit of its insured. This means that the Insurer holds (and can exercise) the rights of the injured person or party to pursue a recovery that the injured party could have pursued in court.
The fact that the injured party has not made a demand for payment or initiated a civil court case should not make you feel safe, since the subrogation claim being asserted by the insurance company "IS" the Claim of the injured Party. Second, it's always advisable to seek legal counsel when presented with a claim or legal exposure (including the possibility you may be forced through the civil court process, after due process, to pay a claim or suffer a judgment). The amount at stake can often suggest whether or not to retain counsel, but so can other factors like the availability of your own insurance coverage for costs of legal defense and payment of the claim. Third, if this is a type of negligence liability case or claim (often referred to as a "tort"), you may have homeowner's insurance or other liability insurance coverage that may be beneficial. One of those benefits may include the right to legal counsel and payments of legal fees. So, a review of your insurance coverage and policies may be advisable. Good luck with resolving this issue, and I hope this information will allow you to explore and understand your options better, and the need to seek skilled legal counsel. State Required Legal Ethics Disclosure: This Answer and any information contained in this answer is not intended to be treated as legal advice; And, this posting does not create an attorney-client relationship or privilege of any kind. This attorney licensed only in Georgia. 1 person marked this answer as good
Reputation Level 10
Answered almost 4 years ago.
Litigation Lawyer in Los Angeles, CA.
Yes, the subrogation process is an attempt by the insurance company to collect from you. Subrogation is the legal term that means one party is entitled to step into another party's shoes, so to speak, and recover for money paid on behalf of the other person. Here, it means the insurance company has paid some medical bills and possibly property damage expenses for the injured person. The injured person's right to recover from you for the medical and property damages paid for is subrogated to the insurance company. Therefore, the insurance company is trying to collect from you for the money it paid.
You should probably consult with a lawyer so that all the facts can be properly assessed and you better understand your rights and liabilities, particularly because you have not disclosed exactly the nature of the legal issue. Retaining counsel is the prudent course. Related Questions1 Attorney answers: 
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