Georgia Legal Guide: What You Need to Know About Insurance Subrogation After a Car Accident
Can my insurance company sue the at-fault driver on my behalf?
Yes, through subrogation, your insurer can "step into your shoes" and gain the right to pursue recovery from the at-fault party. To be clear, they're not suing on your behalf, but using their own subrogation rights to recover what they’ve already paid you.
What happens to my deductible if my insurance company successfully subrogates?
If your insurer recovers money from the at-fault party, you may get your deductible back. However, if they only recover a partial amount, your deductible reimbursement may be reduced proportionally.
Can I refuse to cooperate with my insurance company's subrogation efforts?
It is not advisable. Your policy almost certainly requires cooperation, and refusing could put you in breach of your contract. Your insurer might take legal action, and it could impact your own rights under your insurance policy.
Will pursuing a personal injury claim against the at-fault driver affect my insurer's subrogation claim for property damage?
These are typically separate claims. Your insurer's subrogation claim usually focuses on recovering what they paid for your vehicle damage. Your personal injury claim for medical bills, pain and suffering, and lost wages is separate. However, you should speak with an attorney and coordinate with your insurer to make sure there are no conflicts.
