Should I file claim under my policy with my insurance company for subrogation if the other party is 100% at fault?

Disadvantages of doing so? What if my insurance company gives a higher “total loss” than the other at-fault insured’s insurer?

Asked on January 31, 2013 under Accident Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you were in an automobile accident you need to immediately place your own insurance carrier on notice of the mishap and cooperate with the assigned claims representative. There is no disadvantage to doing such in that you get the benefit of your carrier doing some investigative work for you at no cost.

Possibly the other party may not have enough insurance to cover the accident which could trigger the underinsured/uninsured portions of your policy. In the interim you should consider consulting with a personal injury attorney to assist you in your matter.

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