If money is recovered, and part of the recovered amount was paid by you, (you paid your deductible, for example, but it was the other party’s fault) a reimbursement check will be issued. The reimbursement check is usually issued when money is received. Please note that practices vary based on the specific laws for your state.

The amount to be reimbursed is based on the amount claimed and the amount recovered. The amount claimed through subrogation depends on the amount each party was at fault. The amount recovered usually is divided proportionally between the insurance company and the insured, after expenses. This could vary based on the laws in your state.

 How Reimbursement Amounts are Calculated

Dependent on the laws in your state, you may be fully reimbursed for your deductible if:

• The other party was 100% at fault
• The other party paid the damages claimed in full
• There were no collection expenses (i.e. collection agency) to recover the money.

 Often times though, it is not that simple. Based on the different factors that come into play, the calculation of the reimbursement amount can become quite complicated. The reimbursement of your deductible depends on several factors, including the amount recovered, the amount claimed (based on the amount the various parties were at fault), and state laws.

Generally, you would receive reimbursement of your deductible equal to your proportion of the total amount claimed to the total amount recovered, net of expenses. However, precisely how the reimbursement amount is determined varies by state.

These examples outline general rules that apply in many states—please discuss the specifics of your case with your subrogation claim representative.

 Example 1: Other party is 100% liable, but only paid part of the amount

The total amount of damages paid is $10,000. The other party was 100% responsible for the damages. Subrogation claim is for $10,000.

• You paid $1,000 and your insurance company paid $9,000.
• Your proportion is 1/10 or 10% of the total amount claimed—$1,000.
• The amount actually collected is $5,000. There were no collection expenses.
• You are reimbursed for $500, or 10% of the amount collected.
• Your insurance company is reimbursed for $4,500.

 Example 2: Other party is partially liable; only paid part of the amount

The total amount of damages paid is $1000. The other party was 60% responsible for the damages. Subrogation claim is for $6,000.

• You paid $1,000 and your insurance company paid $9,000.
• Your proportion is 1/10 or 10% of the total amount claimed—$600.
• The amount actually collected is $3,000. There were no collection expenses.
• You are reimbursed for $300, or 10% of the amount collected.
• Your insurance company is reimbursed for $2,700.

 Questions? Your Claims Representative Can Help.

Subrogation can be complex and non-intuitive. If you have questions, please let your claims representative know.