The doctrine of subrogation is a rule of law that allows an insurance company that satisfies the debt of its insured person to acquire the rights of that person against a debtor. That acquisition of rights is commonly referred to as “standing in the shoes” of its insured person. Subrogation is often seen in the context of motor vehicle accidents involving personal injury when an auto or health insurance company pays medical bills incurred by its insured accident victim. As that insurer wants to minimize its losses on an accident that its insured person didn’t cause, it it’s highly likely that it will exercise its right of subrogation in an effort to be fully or partially reimbursed for its loss.
Where Does the Right of Subrogation Arise From?
Insurance policies are contracts, and subrogation is a matter of contract between an insurer and its insured person. In one form or another, just about every auto or health insurance policy will mention its subrogation right to reimbursement. Whether you realize it or not, it’s highly likely that you’ve given your insurer the right of subrogation if you were injured in an accident and have the right to recover damages as a result of the negligence of somebody else.
The Duty to Cooperate With Your Insurer
You’re required to cooperate with your insurer if it exercises its right of subrogation. Your contract of insurance provides that you cannot prejudice that right, especially if you recover damages from the person who caused your injuries and damages. Then, you must fully reimburse your insurer for the full amount if its payments on your behalf. It’s that kind of language that permits an insurer to be put in the position of its insured person and seek recovery for the payments it was contractually obligated to make to or on behalf of its insured person. The bottom line is that your insurer paid money on your behalf, and now, it wants that money back.
We Want to Reduce Subrogation Liens
Kentucky law is clear. Attorneys must recognize an insurer’s right to subrogation in a personal injury case, but It’s the ultimate objective of a trusted and conscientious personal injury attorney to reduce a subrogation claim in an effort to have his or her client walk away with as large of a sum of net proceeds as possible. There are certain ways that our personal injury lawyers here at Kaufman & Stigger, PLLC might be able to help you to do that. Our objective is to always reduce any subrogation interests on a case so as to enhance the client’s net proceeds of a settlement or award.
Personal injury law gets complicated quickly. If you were injured as a result of the carelessness and negligence of somebody else anywhere in Kentucky, contact us by phone or email right away for a free consultation and case review. We can answer your questions and advise you of any legal strategies that we believe we might be able to employ on your behalf. Upon being retained to represent you, our objective will be to maximize the net proceeds of any settlement or award that you might receive.
Contacting a Personal Injury Lawyer in Kentucky
There are a few key things to know before moving forward with your personal injury lawsuit in Kentucky. It is vital that you act quickly and contact a lawyer as soon as possible. The types of damages you can expect to receive depend very much upon the specific nature of your situation. In general, however, damages you can seek include medical expenses, future medical bills, lost wages due to time away from work, future lost wages, and compensation for your pain and suffering. If you or a loved one have been injured due to someone else’s negligence, do not wait another minute, call us right now at Kaufman & Stigger, PLLC at (502) 458-5555 to discuss your case and get the help you deserve.