{"id":26730,"date":"2020-05-13T08:00:50","date_gmt":"2020-05-13T12:00:50","guid":{"rendered":"https:\/\/www.rhinolawyers.com\/?p=26730"},"modified":"2026-05-27T16:37:35","modified_gmt":"2026-05-27T16:37:35","slug":"subrogation-and-injury-settlements","status":"publish","type":"post","link":"https:\/\/www2.rhinolawyers.com\/es\/subrogation-and-injury-settlements\/","title":{"rendered":"SUBROGATION AND INJURY SETTLEMENTS"},"content":{"rendered":"

First of all, the legal system has many obscure terms. But most people don’t hear these terms unless they study law. Or, they find themselves in a legal situation that requires them to know the term. Unfortunately, one of these terms is Subrogation.<\/p>\n

In fact, if you file a personal injury claim<\/a> you might hear this term. Either, while dealing with the other driver’s insurance company or yours. In either case, here is what you should know about subrogation and your personal injury settlement.<\/p>\n

Defining Subrogation<\/h2>\n

Specifically, Merriam-Webster<\/a> says subrogation is “the assumption by a third party (such as a second creditor or an insurance company) of another’s legal right to collect a debt or damages.” In other words, it is when insurance attempts to collect reimbursement from the at-fault party or insurance company. But only if they paid benefits to the injured person during an injury claim.<\/p>\n

Understanding Subrogation<\/h2>\n

First, the subrogation process is somewhat confusing. Yet, it is a fundamental component of a personal injury claim. Moreover, insurance companies in Florida have the right to subrogate the at-fault driver\u2019s insurance and the driver. So, the insurance carrier or the UM insurer can recover the money they paid because of the at-fault driver.<\/p>\n

For example, say the other driver does not have enough coverage to pay damages. Then, you can use your uninsured\/underinsured (UM\/UIM) coverage<\/a> to cover some of the expenses. Eventually, your claim settles with the other driver. Given that, the case settled the UM\/UIM insurer can now pursue subrogation.<\/p>\n

More importantly, Florida law<\/a> states the UM\/UIM insurer can’t recover more than they paid to you. As well as, it doesn’t allow you to “double-dip” or receive damages twice from the at-fault party. Yet, it does allow you to recover any deductibles you paid to your insurers.<\/p>\n

Who Has Rights To Subrogation?<\/h2>\n

Incidentally, your insurance company and UM\/UIM insurer are not the only parties allowed to pursue subrogation. In fact, subrogation allows other entities a legal claim against settlement money from the at-fault party. For example, these entities include:<\/p>\n