Auto Subrogation

What Is Auto Subrogation?

Subrogation is a word you probably don’t hear every day. You may see it in your insurance policy and wonder how it applies to the AARP^® Auto Insurance Program from The Hartford.¹

Simply put, subrogation protects you and your insurer from paying for losses that aren’t your fault. It’s common in auto, health insurance and homeowners policies. It lets your insurer pursue the person at fault to recover the money paid out for a claim that wasn’t your fault. Here’s an example of how auto subrogation works:

You get rear-ended and the other driver is at fault.
You report the accident to the other person’s insurance company and file a claim.
The other driver’s insurance company pays for your repairs and medical bills.
If the other company is taking too long to pay you, we’ll step in.
We’ll file a subrogation claim against the other driver and seek reimbursement for the money we paid you as well as your deductible.

What Is the Purpose of Auto Subrogation?

If you’ve ever wondered, “Why is car insurance important?” it’s because it helps protect you on the road and prevents you from paying for accidents that weren’t your fault. Both you and your car insurance company may sometimes have expenses following a not-at-fault accident. Auto subrogation aims to prevent this and return these expenses to those not-at-fault. Without car insurance, you wouldn’t have an insurer to help recover money you spent for an accident you weren’t responsible for.

Auto subrogation has its benefits even if you don’t get in an accident. That’s because the subrogation process helps car insurance carriers keep premiums down by shifting the costs to the at-fault driver and their insurer.

What to Expect During Subrogation?

As part of the car insurance claims process, your insurer will tell you if it will file a subrogation claim. This doesn’t mean your insurance company will do this for every not-at-fault claim. Keep in mind that state laws vary, so some claims or expenses may not be eligible for subrogation. Your insurance representative can tell you whether your claim is eligible for subrogation.

Subrogation is typically something you’re not involved in. Your insurer handles the entire process, so it shouldn’t impact your driving, insurance coverage or record. However, it may impact your insurance rate.

If your insurer’s subrogation claim is settled, you may not get your deductible back if full compensation is not received. For instance, if your insurance company only gets 70% of the money back from the other company, they may not refund your deductible.

How Long Does the Subrogation Process Take?

There isn’t one answer to how long the subrogation process takes. For example, if the other driver has insurance, is 100% at fault and doesn’t contest your claim, it might be a fairly quick subrogation process. On the other hand, it can be a longer process if an uninsured driver is at fault or it’s unclear who’s responsible for the accident.

Different factors can impact how long the subrogation process takes:

Uninsured Drivers

This can lengthen the subrogation process because your insurer will have to sue the other driver directly, since they don’t have insurance coverage.

Fault Is Unclear or Both Drivers are at Fault

If it’s unclear who’s at fault, or if both drivers are responsible, it could affect the results of the subrogation process. If you’re partially at fault for an accident, your insurer may only be eligible to recover part of your costs or none at all, depending on state law.

What Is a Waiver of Subrogation?

A waiver of subrogation prevents your insurance company from pursuing the at-fault party. You might sign a waiver if the at-fault driver wants to settle with you. Before you sign any waivers, it’s a good idea to consult with your insurer. Not every auto insurance company allows its drivers to sign waivers of subrogation or do anything that can affect its efforts to recover money.

Subrogation, indemnification, and other aspects of insurance can be confusing. We’re here to help you understand this process, whether you can sign a waiver and other questions you may have about your policy. It’s our team’s business to help protect you and your loved ones out on the road. Obtenga una cotización de seguro para autos hoy mismo o llame al 855-546-9099.