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In West Virginia, subrogation can apply when an insurance carrier helps make payments to a person who has sustained an injury due to the careless or negligent actions of someone else.
If you've been in an accident and filed a claim with your insurance company, you may have received a subrogation letter. This document allows the insurance company to pursue a claim against a third party that caused damage to their insured, after the insurance company has paid out a claim to the insured.
A subrogation receipt transferring the insured's entire causes of action to the insurer allows the insurer to recover in the insured's name for the entire loss, not just to the extent of its payment.
3 Benefits of Subrogation in Car Insurance Speeds up the claims process for policyholders. Refunds insurers for claims if their customer wasn't at-fault. Keeps premiums low for policyholders who aren't responsible for damage.
Essentially, the principle of subrogation permits one (i.e., the insurer) who is legally obligated to pay the debt of another to "stand in the shoes" of the person owed payment (i.e., the insured) and enforce that person's right against the actual wrongdoer.
?Subrogation? refers to the act of one person or party standing in the place of another person or party. It is a legal right held by most insurance carriers to pursue a third party that caused an insurance loss in order to recover the amount the insurance carrier paid the insured to cover the loss.
Negotiate the claim. If you and your lawyer are unable to stop the subrogation claim altogether, it is possible to negotiate. Most insurance companies are willing to negotiate because they want to settle claims quickly and get their money.