No. It is true that subrogation is important in some Maryland auto accident cases. But, generally, subrogation does not directly involve accident victims. Subrogation typically involves insurance companies disputing and attempting to recover payments made either to or on behalf of the victims. Subrogation is legally complicated, so call us at (301) 870-1200 or contact us here at the Law Office of Robert Castro if subrogation is an issue in your case. We are top-rated Maryland auto accident attorneys with offices in Waldorf, Maryland. We can provide some specific legal counsel with respect to your case. Below is a more general discussion of subrogation.

For our purposes, there are two ways in which subrogation impacts Maryland car accident cases

First, as noted, subrogation is a legal process involving insurance companies disputing which company is responsible for paying a claim. From the standpoint of a victim who has been injured in a Maryland car accident, the important fact is that compensation is paid for damages like medical bills, pain and suffering, lost wages, and more. It is not necessarily important which insurance company makes the payment.

This is true even where the party responsible for the accident has no insurance or does not have enough insurance. This is the uninsured/underinsured problem. In those cases, there may be a claim against the victim’s motorist or homeowner’s insurance policy. This may impact monthly or yearly insurance premiums (prices), but compensation is still being paid by an insurance company.

As an example, assume that there was an accident here in Charles County, Maryland, where the at-fault driver had no motorist’s insurance. In that case, the victim’s insurance carrier would pay the compensation due to the victim. But, suppose there was a mistake and, a few months after payment, it was discovered the at-fault driver DID have insurance coverage. In that circumstance, the victim’s insurance carrier would subrogate against the at-fault party’s insurance carrier, demanding reimbursement for monies paid to the victim. The victim’s insurance carrier also might try to subrogate by seeking reimbursement against the at-fault party directly.

The second circumstance, which is often called “subrogation,” involves an insurance carrier seeking recovery of money paid from settlement proceeds. Maybe, for example, the victim’s insurance company paid — in advance — for car rental fees. In that circumstance, the insurance carrier rightfully asks to be reimbursed for that up-front payment when the matter settles. Since, in our example, that money was paid to the victim, the reimbursement would come from the victim’s share of the settlement proceeds. Technically, this is more of a lien than subrogation. But this situation is often called “subrogation.”

As can be seen from the explanation and examples above, subrogation is not something that accident victims should be too worried about. A victim might have some minor involvement, for example, acknowledging that payment was made. But, otherwise, subrogation is something that occurs without too much involvement from accident victims.

Contact Waldorf, MD, Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.