Subrogation in San Francisco
When drivers are hurt by another driver’s negligence, they can file a lawsuit against the at-fault party to claim compensation for things like medical expenses, lost income, and more. However, these lawsuits can take months, and sometimes even years, before they are settled. In the meantime, accident victims do not have any way to pay for medical costs or daily expenses when they are unable to work. As such, San Francisco law allows subrogation so accident victims can get the help they need. An San Francisco subrogation lawyer can also help those hurt in an accident claim benefits that help them recover before their case is settled.What is Subrogation?
While accident victims are waiting for the settlement from a lawsuit, there are a number of benefits they can receive to help them pay for their daily expenses. These benefits may come in the form of Med-Pay, uninsured motorist coverage, health insurance, and workers’ compensation.
Due to the fact that accident victims have already received a portion of their compensation to help make them whole again, they cannot receive those same funds once the lawsuit is settled. The insurance company that paid those benefits is entitled to be paid back, however. As such, those insurance companies can hold the at-fault party liable for repaying them the funds they have already paid out. A subrogation attorney in San Francisco can help you ensure that your rights to compensation are protected.Elements of Subrogation in San Francisco
The law in San Francisco states that in order to claim losses from the liable party, the insurance company must prove certain elements of the case. These include:
- The insurance company incurred a loss that is the responsibility of the defendant
- The insurance company was not primarily liable for the loss
- The insurance company has provided compensation to the accident victim that was the responsibility of the defendant
- The insurance company did not provide payment to the policyholder voluntarily
- The insurance company has taken action against the defendant that the accident victim could have held the defendant responsible for
- The money the insurance company paid was a result of the liability of the defendant
When insurance companies can prove all of these elements, they can pursue the defendant for any money they have paid to the accident victim.Limitations of Subrogation
It is important to note that insurance companies cannot ask accident victims to repay the compensation they have provided. They must pursue the damages from the defendant who caused the accident. Insurance companies must work in the best interests of their policyholders. If the company could go back to the accident victim to repay the compensation provided, the insurance company would effectively be worthless.
When the policyholder is at fault for the accident, he or she cannot file a lawsuit to recover money for their losses. As such, there is no right to subrogation in these instances.Hurt in a Crash? Our San Francsico Subrogation Lawyers can Help You Recover
If you have been hurt in a car accident, you need the help of our subrogation attorneys in San Francisco. At Willoughby Brod, LLP, we will advise on the many ways you can receive compensation for your injuries even before your lawsuit is settled. Call us today at (800) 427-7020 or contact us online for your free consultation to learn of all the ways we can help you after an accident.