Subrogation occurs when your insurance company pays for an accident, then works to recoup expenses from the at-fault driver's insurer. You have no legal obligations to respond to a subrogation letter.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. If you have health insurance and receive a subrogation letter, it's in your best interest to contact a Fort Worth claims attorney. A waiver of subrogation is a legal endorsement that prevents an insurer from recovering the money they've paid out on a claim from a negligent third party. Here's an example of how auto subrogation works: You get rearended and the other driver is at fault. Based on discussions with Risk Management staff, efforts have been made to strengthen the subrogation recovery process. It is not intended to provide advice on any specific legal matter or factual. The prohibition on subrogation in an insurer's name extends to claims in which the insured is only out-of-pocket for a deductible. Subrogation in Action: An Example of Subrogation.