Sometimes, insurance firms must compensate their clients for damages caused
by other parties. The insurance company will attempt to subrogate or recoup
the amount it paid on the claim from the party responsible for the harm.
Care must be used when reviewing subrogation letters because the subrogation
process may damage the recipient's legal rights.
There are several avenues for an insurer to obtain reimbursement from the
responsible party. Occasionally, a simple phone call to the irresponsible
party's insurer can remedy the situation. However, if the liable party
is uninsured, the subrogation carrier must deal with her directly. If
it is difficult to locate the negligent party, the insurer may get a background
summary known as a skip trace.
Subrogation adjusters issue letters to those who appear liable for reimbursing
the insurer. The date of the claim, the amount paid by the insurer, a
summary of the damages, and a request for the recipient to contact the
insurance company are typical components of insurance claim letters. Although
the letter does not impact the recipient's legal rights, it represents
an opportunity to settle the matter outside of court. If the recipient
disregards the letter, the insurer may continue sending payment requests
or decide to bring a lawsuit against the liable party.
Some law firms specialize in representing insurance companies in subrogation
lawsuits. They file several cases knowing that many of the defendants
will be uninsured and unrepresented. In numerous of these cases, the plaintiff
obtains a default judgment. A defendant can prevent a default judgment
by filing a written rebuttal with the court, known as an answer. However,
the defendant will be at a disadvantage and may not understand court procedures
without a lawyer. Defendants who wish to contest a subrogation claim often
decide to retain legal representation.
If a defendant believes she is not responsible for the harm, she can challenge
the case in court using evidence such as photographs and witnesses. In
addition, if the insurer filed the claim too late, the defendant may assert
that the statute of limitations has expired. If the lawsuit was filed
promptly and the defendant agrees to owe the damages, she may offer to
make monthly payments in exchange for dismissal of the litigation.
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