Subrogation Law

With tens, or even hundreds of thousands of dollars on the line, subrogation actions are bitterly fought and hard won. Whether you are the plaintiff or the defendant, subrogation claims are not to be taken lightly. The more you know and the more experience you have on your legal team, the better off you’ll be in the courtroom.

Attorneys with the law firm of Richards Brandt Miller Nelson have been handling subrogation claims for decades. We represent both insurance carriers and alleged at-fault parties — plaintiffs and defendants — so we have a vast amount of experience with every aspect of subrogation law.

What is Subrogation?

Subrogation is the assumption by a third party (as a second creditor or an insurance company) of another’s legal right to collect a debt or damages.

Subrogation typically applies to cases involving insurance carriers or business contracts with indemnification provisions.  For example, when there is an automobile accident in which property is damaged and injuries are incurred, there is often a period of time where the insurance carrier runs an investigation to determine who was at fault. The injured party can’t wait for the investigation to be over to receive medical attention or to have their car repaired, so the insurance carrier will step in and pay the medical and auto repair/replacement bills. If another party is determined to be at fault in the accident, the insurance carrier can then attempt to recover from that party. In other words, when the insurance company covered the damages for its insured, it assumed the right to collect damages from the at-fault party. That re-assignment of rights is subrogation.

Why Do I Need Legal Representation?

If you are an insurance carrier pursuing a subrogation claim, you need experienced counsel to make sure you have standing to pursue the claim and that your subrogation rights have not been compromised, such as through a settlement with a waiver of subrogation.  If you are being sued by an insurance carrier who claims that you’re at-fault in an accident, you will need experienced counsel to determine whether the carrier has standing to pursue the claim.  Whichever side you are on, you need a knowledgeable, experienced attorney to step in as soon as a loss is incurred. Laws vary from state to state, that’s why it’s important to hire a firm that’s familiar with Utah subrogation laws to help with your claim.

For knowledgeable, experienced legal help in a Utah subrogation action, contact the law firm of Richards Brandt Miller Nelson.  We have been handling subrogation claims for decades and, whether you’re the plaintiff or defendant, we will use that experience to help you reach the best possible result in your case.