You get an injury from a car accident. Medical bills start to pile up, and you get help from insurance.
Your insurance is not enough, so you start a personal injury lawsuit. You win the lawsuit and collect compensation, but then the insurance company contacts you asking for money back. Is this even legal?
What is subrogation?
As explained on FindLaw, personal injury claims should make you whole again after an injury. They should not allow you to collect double compensation.
Insurance companies often try to collect money under this general rule. Unfortunately, they tend to do this out of a desire to protect their bottom lines rather than out of their deep commitment to the principles of the justice system.
Do you have to pay the insurance company back after a personal injury suit?
If you are reading this, it is probably because you received some kind of communication from an insurer. It would be highly formal, official and often seem like some kind of final decision.
If your only point of reference is that email or letter the insurance company sent you, you would naturally assume you have no choice but to pay. Many people simply send a check. However, you might be able to protect your future.
Each case is very different, but there is one common element through most of them. Namely, insurers do not have an obligation to explain in detail how you might be able to keep the money you deserve.
How can you defend against a subrogation action?
The way you would defend yourself against a subrogation claim would be different depending on your situation. You might take one approach if you were in a car crash accident case with only your insurance and the other driver. Your strategy would be different if you were handling a work accident with multiple third-party claims.
Subrogation action could seem petty or frustrating to you, especially because it comes at a time in your case when you thought everything was over. However, these types of issues are relatively common, especially in complex cases. With some solid strategy and a good basis in legal knowledge, you should be able to retain the resources you need.
