Subrogation Claims

Have you been sued for subrogation?

A complaint for subrogation is usually filed when an insurance company paid out money to its insured and now seeks to recoup that money from the defendant who caused the damage to its client.  In this way, the insurance company is stepping into the shoes of its insured.  Claims for subrogation appear simple and often appear similar to traditional complaints for negligence.  Here is an example of a complaint for subrogation-

Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:

1. This is an action for damages that (insert jurisdictional amount).

2. (Use a or b) a. On or about …..(date)….., defendant, C. D., owned a

motor vehicle that was operated with his/her consent by defendant, E. F., at

……………… in ……………….., Florida.

b. On or about …..(date)….., defendant owned and operated a

motor vehicle at ……………. in ……………………, Florida.

3. At that time and place defendants negligently operated or

maintained the motor vehicle so that it collided with plaintiff’s motor vehicle.

4. As a result plaintiff’s insured suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. 

5.  Plaintiff paid the sum of $_________ to its insured for their injuries and pursuant to Florida law is legally subrogated to the insured’s right to the extent of said payment.

WHEREFORE plaintiff demands judgment for damages against

defendants.

And What are some common defenses to a complaint for subrogation?

-Failure to attach proper documentation to the complaint showing the amounts paid to the insured

-Filed past the statute of limitations

-The defendant was negligent or at fault

-Lack of documentation

-Lack of standing 

-Any other recognized defense

And Do not ignore pre-suit demand letters for subrogation.

Subrogation claim letters should generally not go ignored yet far too often pre-suit subrogation letters go unchallenged -leaving folks vulnerable.  Even though you have no legal obligation to respond to a pre-suit subrogation letter, you should contact an attorney and begin building your defense upon receiving such a letter in the mail.  An experienced subrogation defense attorney can help determine the best manner and response to a subrogation letter.  Timely responding to a subrogation demand letter through also lets the sender know that you will not be bullied and expect the sender to comply with your requests for reasonable information and informal discovery. You can also demonstrate the weaknesses of their claim which can dissuade them from suing you altogether.

Call Miami subrogation defense lawyer Andrew Pascale to evaluate your case. This blog does not constitute legal advice and is for illustrative purposes only.