Can My Insurer Take Part of My Awarded Damages After a Car Accident?

Auto AccidentIf you have been injured in a car accident, you have a right to pursue damages against the at-fault party for your injuries — but in some cases, your insurance company may be eligible for reimbursement of money it paid on your behalf. This is called a subrogation right, and a capable Chicago personal injury lawyer can help you understand the effects it can have on your case.

What are Subrogation Rights?

While your insurance company may cover some of your medical costs while you are pursuing a personal injury claim, the insurer may also exercise subrogation rights to be reimbursed for those costs. This reimbursement would come from the damages you recover as a part of your claim.

It is important to note that subrogation rights are part of most insurance contracts, and that the insurance company must state its intention to exercise this right ahead of time. In exercising subrogation rights, an insurance company must also reimburse you for some or all of your deductible.

How Could Subrogation Affect My Claim?

While it may be reasonable in some cases for an insurer to attempt to recoup its expenses, subrogation can be a big problem if the amount of compensation awarded in your personal injury claim is less than the medical costs that your insurance has covered, which could result in a tremendous financial burden. This scenario could happen as a result of the defendant being unable to pay the judgment.

In some cases, your Chicago personal injury lawyer may be able to negotiate with an insurer to waive its subrogation rights. Even in cases where your insurer refuses to waive its subrogation rights, it is important to have a capable attorney on your side to try and negotiate favorable terms.

Rubens and Kress: an Illinois Law Firm Concentrating in Personal Injury

If you have suffered an injury as a result of an auto accident or another circumstance, you should seek the services of a capable Chicago personal injury lawyer. With an impressive record of success in personal injury cases, Rubens and Kress has the experience to help you get the compensation that you deserve — and there is no fee unless you collect. To schedule a free consultation, contact Rubens and Kress online, at 312-201-9640, or toll-free at 866-890-9640.