Anderson Injury Lawyers | December 22, 2024 | Car Accidents
Subrogation in car accident cases usually refers to health insurance companies seeking reimbursement for the bills they paid related to the car accident. However, subrogation can also refer to your insurance company’s right to file a claim against the party who caused your accident. Automobile insurance subrogation in Texas can result in receiving compensation promptly instead of fighting the insurance company for the at-fault party.
Subrogating an Auto Accident Claim in Texas
When you subrogate a car accident claim, you file a claim with your insurance company instead of the at-fault driver’s insurance company. However, the claim is for property damage only. It does not apply to your personal injury claims for economic and non-economic damages. Texas requires all drivers to have minimum auto insurance coverage.
Your insurance company pays to repair your car. Subrogation transfers your right to pursue a property damage claim to your insurance company. Your insurance company can file a claim against the at-fault driver. If necessary, your insurance provider could sue the at-fault driver to recover what it paid to repair your vehicle.
Reasons to Subrogate a Property Damage Claim After a Car Accident in Texas
When you subrogate your property damage claim, you may receive a faster settlement, which means your car is repaired quickly. If your vehicle is totaled, you can go ahead and purchase another vehicle. You do not need to work with the other driver’s insurance company to have your car repaired.
Negotiating a property damage claim with your insurance company may be more straightforward. Separating the property damage claim and personal injury claim can help you protect your rights. You avoid settling your injury claim too quickly for less than your damages are worth.
The other driver’s insurance provider may make negotiating a property damage claim difficult. Dealing with your insurance company may also reduce stress. It also prevents you from making damaging statements.
When you speak with an insurance adjuster, your statements can be used against you. For example, the adjuster may trick you into saying something that could imply fault even though you did not cause the accident. Contributory fault can reduce the amount you receive for your personal injury claim.
Potential Disadvantages of Subrogation Property Damage Claims After a Car Accident
Subrogating the property damage claim can have risks. You must pay your out-of-pocket deductible when you file a claim with your insurance company. Therefore, if your deductible is $1,500, you must pay the first $1,500 to repair your vehicle. Your insurance company can recover your deductible, but it could take time.
If the other party does not have sufficient insurance coverage to reimburse the entire amount of the subrogation claim, you may not receive your deductible. Additionally, if the other company disputes the claim, reimbursement for your deductible can be delayed.
When you subrogate an auto accident claim, you lose control of the claim. Your insurance company has the right to pursue the claim. You have very limited say in how the company pursues the claim or the settlement the company accepts.
Should I Subrogate a Property Damage Claim After a Car Accident?
If you want to subrogate a property damage claim, contact your insurance company to report the accident. You must provide a detailed description of the accident and all relevant information so your insurance company can process the claim. You must also cooperate with your insurance provider in its pursuit of a subrogation claim.
Subrogating a property damage claim may have several advantages. However, it is not the best choice for everyone. There could be disadvantages that outweigh the benefits in your case.
You should seek legal advice from an experienced car accident lawyer before you subrogate a claim. A lawyer can review your case and advise you of your legal options, including whether subrogating a part of your claim works in your interest or could hurt your case.
Get Help With Automobile Insurance Subrogation in Texas
If you have questions about subrogation and car accident claims, call Anderson Injury Lawyers for a free consultation with a Dallas personal injury lawyer. Our attorneys can help you pursue a car accident claim to recover fair compensation for damages. We prioritize your best interest in every aspect of your case.
Contact Our Car Accident Law Firm in Texas
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our car accident lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113
Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000
Anderson Injury Lawyers – Dallas Office (Secondary)
6301 Gaston Ave suite 610, Dallas, TX 75214
(469) 457-4711
