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If you’re in an auto accident, your own insurance is considered the primary coverage for injuries or property damage sustained. Your insurance company is initially responsible for covering medical expenses and repair costs up to the policy limits. However, that is not the end of the case. Your company can potentially seek reimbursement of that payout from the other driver’s insurance carrier. Conversely, if the other driver’s insurer pays them benefits, that insurer can make a claim against your carrier if they believe you were at fault. 

This is known as the right of subrogation. In auto accident cases, it means that an insurer who pays benefits steps into the shoes of the insured person and can potentially pursue compensation from the party at fault for the accident. For example, if you also obtain compensation from other insurance sources, your insurer may have the right to file a subrogation claim for that amount.

Although subrogation is a tool that lets insurers coordinate payment responsibilities, it can add an extra layer of complexity to auto injury cases, especially when fault for an accident is shared or unclear. Having an experienced attorney on your side can help you navigate this process and ensure the best possible outcome for you.

The right of subrogation also can apply when other types of insurance coverage is implicated, such as health insurance, workers’ compensation and homeowners insurance. For example, health insurance might pay for medical expenses that the auto insurance policy does not cover, such as co-pays, deductibles or amounts exceeding the auto policy’s limits. A health insurer that covers medical expenses that could have been paid by the auto insurance policy may elect to make a subrogation claim.

In Oklahoma, insurance policies often include coordination of benefits clauses to address these situations. These clauses outline which insurer is responsible for paying first and detail how subrogation should be handled when there is overlapping coverage between auto and health insurance policies. This helps insurers avoid disputes over who is responsible for covering medical bills.

A skilled Oklahoma auto accident attorney can evaluate the specifics of the case, interpret the terms of the insurance policies and advise on how subrogation may impact the settlement or resolution of the claim. Seeking legal guidance ensures that your rights are protected, and that the appropriate insurance provider is held accountable for covering accident expenses.

Walsh & Franseen in Edmond assists victims of auto accidents throughout the Oklahoma City area in obtaining the compensation they need and deserve. To schedule a free consultation, call 405-843-7600 or contact us online.