Consulting Engineers & Scientists, Inc. is often called to assist in matters and cases dealing with issues of subrogation.
We are experienced and skilled at working with attorneys and insurance companies on subrogation matters. We understand subrogation and we can be an important part of your subrogation team.
Call on our experts to provide forensic engineering, investigation and analysis,
accident reconstruction, expert reports, rebuttal reports, and expert testimony.
We are the experts that the subrogation experts call on.
What is Subrogation?
When an insurer is required to pay a claimant a sum of money, the insurance company is almost always allowed to sue in the name of the claimant against any person who was responsible for the loss. Subrogation allows an insurance company to sue on behalf of its insured if it is required to pay the insured for a loss caused by another person. However, it allows an insurance company to recover against its own insured when it is required to pay a third party claimant under the authority of a statute, where otherwise the insured would not be covered for the loss. In most cases, the subrogated claim is fought between two insurance companies disputing who was ultimately responsible for the loss without putting a financial burden on the insured parties.
Subrogation may be against a third party and also against the insured
We are often called in to assist in Subrogation matters dealing with automobile accidents.
For example, if a drunk driver strikes a pedestrian, the pedestrian may recover their damages from the insurer even though it may have been a condition of the policy that the insured not operate a vehicle while impaired, and would not have recovered damages if he had been the only person injured. In such a case, the insurer will be required to pay the pedestrian, but may sue its own insured to recover any money paid to the pedestrian.
Subrogation between insurers
When insured damage is clear, but fault is not, insurers are generally required to pay the proceeds to the insured party even when the right of subrogation is not clear. For example, two adjoining businesses are destroyed by a fire that arose out of negligence, but it is not immediately clear who was to blame. Both parties are entitled to recover from their insurers unless arson or gross negligence can be proved. However, the insurers may still continue to litigate over which party is at fault for the fire, and the successful insurer may recover its pay-out from the unsuccessful insurer.
Consutling Engineers & Scientists, Inc. can help you uncover what really happened, Call us to discuss your subrogation issue.