Until the insurance company pays the insured's claim under the policy, it has no subrogation rights. What happens if you don't pay a subrogation claim?A waiver of subrogation is an agreement where you waive the right for your insurance company to seek compensation from a negligent third party for their losses. Under the ASR, an insured "has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered. Question: Are you allowed to subrogate PIP claims? Auto insurance policies may not include clauses providing for subrogation of bodily injury claims. Maryland UIM claims are much more efficient. In Maryland, your insurance company has only 60 days to decide if they will waive subrogation. The case of Western Maryland Railway Company v. Auto insurance policies may not include clauses providing for subrogation of bodily injury claims.