Tort Terms

Brien Roche Law > Tort Law Resources > Tort Terms > S > Subrogation Defined

Subrogation Defined

Fairfax Injury Lawyer Brien Roche Addresses Subrogation Defined

Brien Roche

Subrogation is a concept wherein a payor which typically is an insurance company may recover monies paid out to its insured or obligee under an insurance policy or contract according to personal injury lawyer Brien Roche .

Subrogation Defined As To Health and Liability Policies

For instance, if your health insurance carrier pays money to you or to your health care providers as a result of an automobile accident caused by another party then that health insurance carrier may have a right of subrogation against any proceeds that you may be entitled to from your claim against that person that caused the accident. That right of subrogation means that the insurance company can recover monies that they have paid on your behalf.In Virginia state law bars subrogation in health insurance policies. That state law is superceded by the federal ERISA statute to the extent that health policies are employer based.If your health insurabce is through your employment there may be a right of subrogation. The policy needs to be carefully looked at to make sure it complies with the federal requirements.

That right of subrogation can also be seen in the context of liability claims. If your liability insurance carrier pays out a claim under the uninsured motorist provision of your auto policy they may subrogate against the party deemed to be at fault by suing that party for the amount paid to you.Policies that typically have subrogation clauses are health insurance policies and liability policies.This can extend to professional liability policies such as malpractice policies.

Subrogation Defined As Different From Equitable Subrogation

A subrogation clause exists in most insurance policies. To the extent it does not exist then insurance carriers may still have a right of equitable subrogation which allows the carrier to recover from the party deemed to be at fault.

For more information about other personal injury concepts see the other pages on this site and also see the pages on Wikipedia for more information as to subrogation defined.

Contact Us For A Free Consultation

Subrogation Defined

Contact Us For A Free Consultation

Contact Us For A Free Consultation