Subrogation in Auto Accident Claims & the Role of Your Tampa Car Accident Lawyer

Subrogation is most often seen in cases in which an insurance company pays a claim for its client, and then recovers the money by suing the party or insurance company responsible for the loss. While you may have never heard of subrogation, there is a good chance that you have experienced subrogation without realizing it. For example, imagine that you have been in an auto accident in the Tampa, Florida that was not your fault. It was an accident in which you sustained injuries and went to the emergency room for treatment. You also visited your doctor for follow-up treatment. The emergency room and your doctor's office submitted claims to your health insurance policy for payment, and your health insurance company paid the claims. Soon thereafter, however, you receive a call from your health insurance company, asking specifics about your injury. Was it caused during a car accident? Was the car accident someone else's fault? If so, who is the person at fault? Do you have his or her insurance information?

Your health insurance company is asking these questions because they are interested in filing a subrogation action. Through subrogation, your health insurance company can be reimbursed for the money they paid out for your car accident injuries. Your health insurance company will typically hold the at-fault person's insurance company responsible for the money paid to treat your injuries.

When you file a personal injury claim in the Tampa Bay area, an experienced Tampa car accident lawyer can handle situations like subrogation in a manner that will maximize your claim and provide you the best possible outcome. Even though your insurance company may be legally entitled to reimbursement, your lawyer can ensure that the reimbursement is fair and will not interfere with other money you are due for ongoing treatment of your injuries, lifetime care, lost wages, lost ability to work, and so on.

In 2008, the issue of subrogation gained worldwide attention. You may remember the story of former Wal-Mart employee Debbie Shank who was seriously injured in a car accident that left her brain damaged, wheelchair-bound, and in a nursing home for life. Debbie and her husband were awarded $1 million in a lawsuit against the trucking company responsible for Debbie's accident injuries. Wal-Mart, in turn, sued Debbie and her husband for the money that Wal-Mart's health plan had paid for Debbie's care. After legal fees, the Wal-Mart lawsuit would have left Debbie and her family penniless and facing a lifetime of medical expenses. Due to a great deal of publicity about the case, Wal-Mart reversed its decision and stopped its subrogation lawsuit against Debbie Shank.

Handling subrogation claims from various sources in an effective manner is one of the ways a lawyer can protect your rights if you are injured in a car accident. For those residents of the Tampa Bay area who are concerned about subrogation or any other aspect of their accident case, please contact Tampa car accident lawyer Dale Appell, P.A. for a free initial consultation. We have defended the rights of the injured throughout west central Florida including the cities and counties of Sun City Center, Pasco, Lutz, Palm Harbor, Tampa, New Port Richey, Thonotosassa, Clearwater, Oldsmar, St Petersburg, Apollo Beach, and beyond.