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If you paid a deductible, your company must include your deductible in its subrogation demand to the at-fault party. If the accident investigation reveals that you're partially at fault, then you'll only recover a percentage of your deductible.
If an insurance company has the right to seek subrogation pay, it will have three years from the date of the accident to file a claim, in most cases.
While two years is the general time limit to file car accident claims in California, some exceptions can shorten or extend the amount of time you must take legal action.
The subrogation process can take weeks, months, or sometimes years to complete, depending on the circumstances of the accident, the complexity of the claim, and the state where it occurred.
Another possibility of subrogation occurs within the health care sector. If, for example, a health insurance policyholder is injured in an accident and the insurer pays $20,000 to cover the medical bills, that same health insurance company is allowed to collect $20,000 from the at-fault party to reconcile the payment.
Subrogation Statute of Limitations California law states your insurance company must file a subrogation claim within three years of the accident that caused your injuries.
There is no requirement to respond, but it can be in your best interests to reply. The subrogation claim will likely be sent to a collection agency, and that collection agency may be willing to accept less than the total amount owed in order to settle the debt.
Subrogation in California can apply anytime an insurance carrier makes payments to an individual who is not primarily at fault for an accident. In other words, the insurance carrier is covering the expenses that should rightfully be paid for by another party (usually the at-fault party or their insurance carrier).