How subrogation claims work in car accident and personal injury. How long subrogation takes and your rights when car or health insurance seeks to subrogate.As a specific example, an insurance company that did not actually pay out a claim to the policyholder has no grounds for a subrogation claim. At the minimum, your subrogation file should contain all elements corresponding to liability determination and proof of damages. Enclosed please find a claim form for you to complete and return to us. Please note this is a General. 8 A Subrogation, or "Transfer of Recovery Rights," clause may exist in the insurance contract itself. The insurance contract ordinarily requires the insured to cooperate with the insured in the insurer's investigation of a claim under the contract. There are generally two ways that an insurance company will start a subrogation claim for workers' compensation in Pennsylvania. The Plaintiff, above named, complaining of Defendants, above named, alleges and says as follows: 1.