Subrogation (often referred to as “subro”) is a legal process that allows you (as the insured) and your insurance company (the insurer) to quickly pay for recovery costs following a covered accident or loss—such as medical expenses, property cleanup and restoration, or automobile repairs—and then recover some or all of those costs from another party (and their insurer—known as a third-party carrier) who was at fault for the accident or loss. In that case, your insurer is said to “subrogate” the other party’s insurer by “stepping into your shoes” and pursuing the claims you have against the party who caused the accident or loss (in whole or in part).
In other words, subrogation refunds you and your insurer for the expenses incurred following a covered accident or loss—including your deductible. Your insurer will probably do most of the work to subrogate against the other party’s insurer, and you, as the insured policyholder of the insurer seeking to subrogate or recover expenses paid, will only need to cooperate by providing information.
Waiver of Subrogation
A waiver of subrogation or subrogation waiver is an agreement that prevents your insurer from acting on your behalf to recover expenses from the party who was at fault for the covered accident or loss.
A waiver of subrogation usually comes into play when the party who was at fault (in whole or in part) for your accident or loss wants to settle your claims against them without involving your insurer. In that case, the at-fault party will usually ask you to release all claims you have against them in exchange for the settlement payment, and to waive any subrogation rights you and your insurer may have.
It is usually a good idea to have a lawyer review any waiver of subrogation agreement or settlement agreement another party asks you to sign following an accident or loss. You should also review your insurance policy to determine whether it allows you to waive your insurer’s subrogation rights.
In Texas, subrogation is a legal process where an insurance company seeks reimbursement from the party at fault (or their insurer) for a loss that the insurance company has already paid out to their insured. This allows the insured to be compensated for their losses, such as medical expenses or property damage, without having to wait for the at-fault party to pay. The insurance company 'steps into the shoes' of the insured to recover the costs. The insured is typically required to cooperate with their insurer during this process. A waiver of subrogation is an agreement that prohibits an insurer from pursuing recovery from the at-fault party. Such waivers are often included in contracts or settlement agreements, and it is crucial for an individual to consult with an attorney before agreeing to waive subrogation rights, as it may affect their ability to be reimbursed for a loss. Additionally, policyholders should review their insurance policies to understand any restrictions or permissions regarding waiving subrogation rights. In Texas, the specifics of subrogation rights and waivers can be complex, and legal advice is recommended to navigate these issues.
