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What are subrogation rights?

In the context of a personal injury claim, subrogation rights are the ability of your insurance company, be it a health insurance company or a disability insurance company, to be compensated for any benefits they pay on your behalf that are accident related. In the context of a personal injury automobile claim, when your health insurance goes to pay, after you’ve exhausted your PIP benefits and you make a recovery from the at fault party, your health insurance company gets paid back all or a portion of what they paid on your behalf. Same with a disability. If you’ve lost wages and you make a recovery, a portion of what they have paid gets paid back out of your recovery. So that’s subrogation rights. The good thing about using your own insurance while your claim is pending is that generally speaking, we only pay back a fraction of what was paid by the insurance company, and it keeps you in good credit because you don’t have creditors and doctors and hospitals chasing you down for unpaid bills.

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