How do I navigate the subrogation process if my insurance company seeks reimbursement from the at-fault party's insurer?

To navigate the subrogation process, you must actively cooperate with your insurer, track their reimbursement efforts, and ensure your financial interests, like your deductible and full compensation for losses, are protected first. Here are the steps to manage this process effectively. Step 1: Confirm Your Insurer's Intent After your insurance company pays for your damages (e.g., car repairs under your collision coverage), contact your adjuster. Ask for written confirmation that they are opening a subrogation claim against the at-fault driver's insurance company to recover the money they paid, including your deductible. Step 2: Cooperate Fully and Promptly Your insurance policy requires your cooperation. Provide your insurer with all requested documents, such as the police report, photos of the accident scene and vehicle damage, and any receipts for out-of-pocket expenses. Failure to cooperate can jeopardize your claim and the subrogation effort. Step 3: Ensure Your Deductible is Reimbursed First California regulations (10 CCR § 2695.7(q)) require your insurer to include your deductible in its subrogation demand. From any funds recovered, your insurer must repay you your deductible before they reimburse themselves. Follow up with your adjuster to ensure this happens. Step 4: Understand the "Made Whole" Doctrine If the at-fault party's insurance is insufficient to cover all of your losses (including property damage, medical bills, and lost wages), California's "Made Whole" Doctrine applies. This legal principle states that you must be fully compensated for all your damages before your insurance company can recover any money. You must assert this right to your insurer. Important considerations: Your insurer has a duty under the California Insurance Code to handle your claim fairly and promptly. Keep a log of all communications with adjusters. If the at-fault party has low policy limits and your damages are significant, the "Made Whole" Doctrine becomes critical. Note: Do not sign any final settlement or release documents from any insurance company without fully understanding them. The "Made Whole" Doctrine can be complex to apply and often leads to disputes between an individual and their own insurer. This is general information and does not constitute legal advice. For complex situations, especially those involving serious injuries or disputes over being "made whole," consult with a qualified California attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 33
Updated: August 13, 2025
Auto Insurance

Everything about car insurance requirements in California

View All Questions
Related Questions
What are the step-by-step requirements to obtain minimum liability auto insurance in California?
To obtain minimum liability auto insurance in California, you must purchase a policy from a licensed...
How do I apply for California's Low Cost Auto Insurance Program and what are the eligibility requirements?
To apply for California's Low Cost Auto Insurance program, you must confirm you meet the income and ...
What steps must I take to get an SR-22 certificate filed with the California DMV after a driving offense?
To get an SR-22 certificate filed, you must purchase auto insurance from a company licensed in Calif...
How do I legally prove financial responsibility in California without purchasing a traditional insurance policy?
In California, you can legally prove financial responsibility without a traditional insurance policy...
What is the process for using my Uninsured Motorist coverage after being in a hit-and-run accident in California?
To use your Uninsured Motorist (UM) coverage for a hit-and-run in California, you must report the ac...