Do I need to worry about subrogation in dealing with my auto accident and the settlement the insurer is offering me?

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Do I need to worry about subrogation in dealing with my auto accident and the settlement the insurer is offering me?

I was in a rear-end collision that was not my fault. The person’s insurance company accepted full liability of the accident. They have paid for my vehicle to be repaired. My vehicle insurance company paid some of my medical bills and my personal insurance paid the rest of the medical bills. The insurance company wants to settle with me now. They offered me a specific number. But, do I need to worry about subrogation? So, can my vehicle and personal insurance companies come back to me once I accept a settlement and request the money that they have paid out?

Asked on August 11, 2011 Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are asking here is not really subrogation.  Subrogation would have been if your insurance company paid for the damage and your personal expenses and then they went after the other persons insurance company for reimbursement on your behalf.  The answer here is best given by an attorney in your area and you should without a doubt go and speak with someone on the matter before you sign any papers here.  But generally speaking, yes, your insurance company has a right to be reimbursed for monies expended on behalf of the liable party and they can come after you for reimbursement.  Seek help from someone knowledgeable about this is your area.  The consultation should be free.  Good luck.


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