If you were in an accident that resulted in a subrogation claim in Columbus, a lawyer from our team can help. We can review your case with a free consultation to help you understand subrogation and your role in the claim.
Accidents where fault is difficult to determine can make subrogation claims complicated. Don’t face that alone!
Understanding Subrogation and how it Applies to You
One of our roles as your attorney is to explain legal jargon, and subrogation is often a challenging one for laymen. The Legal Information Institute (LII) gives a straightforward definition: “When one party takes over another’s right to sue.” Most commonly, this happens when an insurance company takes over a client’s right to sue.
For instance, if you were injured in a car accident and the at-fault driver’s insurance won’t pay initially, your own insurance company may pay for your damages. Then, your insurance provider takes over your right to sue. They would then pursue the other insurance company for what they paid you.
In other words, subrogation typically involves three parties, including:
- Your insurance company
- The other party’s insurance company
This is the most straightforward example of a subrogation claim, allowing one party to take another party’s place to sue.
When Your Insurance Claim Creates a Subrogation Claim
In our above scenario, you will be notified that your claim is being subrogated. However, most of the work is taken on by your insurance company. After all, they are suing someone in your stead.
Nonetheless, you can receive compensation through the claim for some payments you made yourself, such as deductibles. Still, this can get confusing.
If you have any questions about this type of subrogation claim, we can answer your queries with a free consultation.
When You Face a Subrogation Claim
More disconcerting is learning that you are being pursued via a subrogation claim. This can happen for a few reasons, such as if:
- You lack insurance and are pursued directly.
- A health insurance company paid for the other party’s injuries.
- A health insurance company seeks part of your settlement.
If you are in some kind of accident and lack the insurance to cover the injuries involved, you could be pursued directly for damages through a subrogation claim. If you are deemed at fault, you could be held liable for:
- Medical bills
- Lost wages
- Property damage expenses
For a free legal consultation with a subrogation claims attorney in Columbus, call (614) 538-1116
There Could Be Dispute Regarding who’s At Fault
In some cases, you are a part of a subrogation claim because the insurance companies can’t agree on who is at fault. In our car accident example, the at-fault driver’s insurance is usually pursued for damages. However, it’s not always clear whose negligent act caused a car accident.
If you’re in the middle of a battle regarding fault, a subrogation claims lawyer from our team serving Columbus can identify the negligent party or parties.
Columbus Subrogation Claims Attorney (614) 538-1116
Untangling Complicated Subrogation Cases
We can help clients settle disputes regarding fault by investigating their accidents. This extends to subrogation claims. An insurance company could claim you were at fault for an accident that you feel was someone else’s responsibility. If so, we could examine your case’s evidence.
That evidence can include:
- Photos from the scene
- Video evidence
- Eyewitness statements
- Police reports
- Medical records
- Accident reconstruction data
- Expert analysis
Insurance companies never want to pay, even their own clients. Seeking reimbursement is their goal. However, you have a right to stand up for yourself if you feel their determination of fault in an accident is incorrect or oversimplified.
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Understanding Ohio’s “Made-Whole Doctrine”
Let’s say you were injured in an accident caused by negligence. You seek medical care for your injuries, some of which is paid for by your health insurance. You then receive a settlement that compensates you for your losses. These could include outstanding medical bills, lost wages, and pain and suffering.
Then, your own health insurance company files a subrogation claim to receive some of that compensation to recover what they paid for your injuries. This is called subrogation reimbursement.
What Happens Next?
The 2003 Ohio Supreme Court case Northern Buckeye Education Council Group Health Benefits Plan vs. Lawson can help us argue for your rights. It ruled that victims have a right to an amount of damages that make them “whole again.” An insurance company can’t ask for funds that would significantly dent the victim’s damages. This would cut into the compensation designed to help the victim recover.
What Can You do in This Situation?
If this sounds like what you face, you could fight against an insurance company trying to take a part of your settlement or judgment. After going through a negotiation or personal injury trial, you shouldn’t have to face further stress to receive compensation.
At Bressman Law, we can bring to your case our knowledge of Ohio law, as well as our more than 30 years of experience serving personal injury clients.
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Supporting You with Professionalism and Accessibility
The team at Bressman Law strives to be supportive of its clients and timely in responding to their concerns. We have earned over 100 five-star Google reviews. Check out some of our client reviews from our testimonials page:
- “Facing extremely complicated and overwhelming processes, [David Bressman] took the time to listen to my concerns.” – Fred S.
- “They returned with an answer to every question and concern, professionally and promptly.” – Dave C.
- “David [Bressman] is perfect in a situation where calm and reasoning are needed. His ability to explain details in a clear manner is just what is needed in stressful situations.” – Tim B.
Here are some other things to bear in mind when partnering with us:
- We offer a free consultation to get started.
- We return your calls and emails promptly.
- We are accessible from three offices in Ohio.
- We keep you updated on any changes in your case.
We built our firm on experience, communication, and transparency. Put us to the test today with your case.
Come to us with Your Subrogation Questions and Concerns
Take advantage of our free consultation if you are facing a subrogation claim and need a lawyer who serves Columbus. We can examine the angles of your case and form a plan to confront it together. Call Bressman Law now at (877) 538-1116.