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.
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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.
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Updated: August 13, 2025
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