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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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