It is only when the plaintiff's recovery exceeds the sum total of the plaintiff's damages that the right of subrogation arises. Users are urged to confirm that the cited law remains current and consult with counsel on specific legal questions.Date of the Medi-Cal member's injury. Subrogation means your insurance company can recover the money it paid to you for your injury from the at-fault party that caused your injury. This guide discusses what to do after an accident and what to expect when you file a claim with your insurance company. Subrogation in California can apply anytime an insurance carrier makes payments to an individual who is not primarily at fault for an accident. In California, Sections 3850 through 3865 of the Labor Code govern workers' compensation related subrogation claims. Learn how State Farm may try to recover a claim payment when another party is primarily at fault for your damages. This section specifically discusses the state of CALIFORNIA. Since California is an at-fault state, proving fault determines which party is responsible for paying recovery to the other.
