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Subrogation in Florida Personal Injury Cases

moneySubrogation can be a vital part of handling a personal injury claim, and every lawyer should explain this legal principle to his or her clients. At the Law Offices of Robert Dixon, our skilled attorneys have the skill and experience to handle every aspect of your personal injury claim. You can trust that we will zealously advocate for your rights at every step of the way.

Subrogation is an equitable doctrine. Subrogation literally means one person or party stands in the place of another. In the context of motor vehicle accident claims, subrogation is the principle that says that when an insurance company pays an insured’s claim of loss due to another’s negligence, the insurer succeeds to the insured’s right to sue for damages against the negligent party. Put another way, a subrogation claim allows a third party to stand in the shoes of the injured person. These third parties are referred to “collateral sources.” Collateral sources are usually private entities or insurers that make a payment to a party who has a personal injury claim.

When you are hurt due to someone else’s negligence, you will likely be able to seek compensation for your harm. Negligence refers to a failure to use the level of care that a reasonably prudent person would use under the same or similar circumstances, resulting in injuries.

Under Florida law, all drivers must carry personal injury protection (PIP) insurance, also known as “no fault.” Typically, PIP is limited to $10,000 and will cover only 80 percent of your medical expenses. PIP benefits are not subject to subrogation and do not have to be reimbursed. The issue can come up when other sources of payment are used to pay medical expenses after an automobile accident, such as health insurance companies, Medicaid, Medicare, and Medpay.

Ultimately, subrogation is intended to compel the payment of a debt by the party who caused the harm in the first place. Furthermore, central to the idea of subrogation is that the plaintiff should not get a “double recovery.” Instead, injured parties should obtain damages that make them whole but not profit from their loss. Allowing a plaintiff to have their medical bills covered and then seek compensation for those very same bills would be considered a profit.

For instance, if the injured person’s insurer paid $15,000 to the health care provider that treated an injury, that party should not be able to later collect and keep the $15,000 from the at-fault party. Instead, the injured party’s insurer should be permitted to collect the $15,000, either directly from the at-fault party or from the plaintiff.

At the Law Offices of Robert Dixon, our Miami car accident attorneys can take the time to understand the facts of your case and create a legal strategy accordingly. For years, we have helped South Florida residents resolve their personal injury claims, and we can help you as well. For more information about your case, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.

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