Subrogation is the process of actually getting paid for damages suffered in an accident. Trucking accidents can cause injuries and other damages that result in great financial losses, and those who are injured are entitled to receive compensation for them. Yet actually getting paid for damages resulting from the truck accidents that occur on roadways and highways, such as I10, can be another story, since doing so often involves looking to third parties for that payment.
What Is Subrogation?
Subrogation is the step-by-step process of determining who is financially responsible for the damages a person suffers in an accident, and then requesting payment from those responsible. Subrogation can be fairly complicated at times, especially when there are multiple responsible parties in certain accidents, such as those involving trucks, and multiple insurance companies paying claims. When this happens, insurance companies may delay payment for any losses while they attempt to recover from a third party, prolonging the entire case in the process. In some cases when a subrogation claim is filed, insurance companies pay the injury claim to the claimant, and then pursue the third party for reimbursement. In other incidents, insurance companies only pay a partial amount while attempting to collect the rest from that third party.
Challenges Associated with Subrogation
When insurance companies subrogate, it could mean the legal case concerning the accident will be pending for a long period of time, until they are able to settle with the actual at fault party. This means that even though those injured in trucking accidents have filed claims with a trucking company’s insurance company, ensuring that all parties are paid can take a while.
For example, an injured person may initially be covered for medical and other expenses, by their own health insurance; but the health insurance company then has a right to subrogate to the trucking company’s insurance for reimbursement. The health insurance company can then recover costs from the trucking company’s insurance, provided the trucking company’s insurance has not already paid the claimant. If a claim has already been paid to the claimant by the trucking company’s insurance, the health insurance company is then within its right to request reimbursement from the injured claimant.
Additionally, there are a number of problems associated with subrogation, and delayed payment of damages. Although all companies are entitled to reimbursement by the party who is actually liable for damages caused in truck accidents occurring on highways like I10, the longer such a claim stays open without payment, the higher the chance is there will be no payment. This can leave injured claimants and their attorneys continuing collection efforts with insurance companies responsible, or even filing claims with their own companies when those at fault do not have enough coverage, or the ability to pay expenses on their own.
Subrogation is one of the more complicated aspects of dealing with the aftermath of trucking accidents. This is yet another reason why those injured in trucking accidents that occur on smaller roadways, and particularly those that happen on any major highway such as I10, need the assistance of skilled, experienced attorneys who understand subrogation, and all other aspects of injury claim settlement!
Pearland, Pasadena, Webster, League City, Webster, Manvel, Alvin, Friendswood, La Marque, Texas City, and Galveston
Hildebrand & Wilson, LLP
Robert W. Hildebrand, Attorney at Law
J. Daniel Wilson, Attorney at Law