What Is Subrogation, and Why Your Insurer Might Get Your Deductible Back
When someone else causes a loss your insurer pays for, the insurer can pursue them to recover the money. Here is how subrogation works and how it can return your deductible.
Subrogation is one of those insurance words that sounds technical but describes something simple. When your insurer pays a claim for a loss that someone else caused, the insurer steps into your shoes and can pursue that responsible party, usually their insurer, to get its money back.
How it typically works
- Someone else causes a loss. For example, another driver rear-ends your car.
- Your insurer pays you. Under your own coverage, minus your deductible, so you aren't left waiting.
- Insurer pursues the at-fault party. Usually by making a claim against the other driver's liability insurer.
- Recovery. If successful, your insurer recovers what it paid, and often your deductible.
- Deductible reimbursed. Your share of the recovery is returned to you, depending on the amount recovered and state rules.
The advantage to you is speed. Rather than waiting for the other driver's insurer to accept fault and pay, you can use your own coverage right away and let your insurer handle the pursuit.
Getting your deductible back
When an insurer recovers money through subrogation, many policies and state rules provide that the insured's deductible is reimbursed from the recovery, sometimes in full and sometimes proportionally if only part of the loss is recovered. How this works varies by state and policy, and it can take months. If you paid a deductible on a claim where someone else was clearly at fault, it is reasonable to ask your insurer whether subrogation is being pursued and where things stand.
Where subrogation shows up
- Auto claims where another driver was at fault.
- Home claims caused by a contractor, a neighbor's tree or fire, or a defective product, such as a failed water heater or supply line.
- Health insurance, where a health plan that paid for injuries from an accident may seek reimbursement from a settlement with the at-fault party. Health plan subrogation rules depend on the plan type and state law.
- Workers' compensation, where the insurer may recover from a third party who caused a workplace injury.
Things that can affect subrogation
Waivers. Some contracts, such as certain leases and construction contracts, include a waiver of subrogation, where the parties agree their insurers won't pursue each other. Signing one can affect your insurer's rights, and some policies require you to tell the insurer first.
Settling on your own. If you settle directly with the person who caused the loss and release them from liability, you may be giving up rights your insurer needed. Many policies require you not to impair the insurer's subrogation rights. Talk to your insurer before signing any release.
Cooperation. Policies generally require you to cooperate with the insurer's recovery efforts, such as providing documents and statements.
The takeaway
Subrogation lets your insurer pay you quickly and then go after whoever caused the loss. If you paid a deductible on a claim that was someone else's fault, follow up on the recovery; part or all of that deductible may come back to you. And before signing any release or settlement with the responsible party, check with your insurer.
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