Subrogation in Car Wreck and Personal Injury Cases
Car wrecks in Tennessee can result in significant personal injury, leaving victims dealing with medical bills, lost wages, and ongoing pain. When you're involved in a car wreck, your insurance might cover initial costs like medical expenses through health or auto med-pay policies. But what happens when your insurer wants that money back? This is where subrogation comes into play, a key concept in personal injury claims stemming from car wrecks or other injury cases in Davidson County/Cheatham County where a third party tortfeasor is responsible for your injuries.
Subrogation allows your insurance company to "step into your shoes" if you will and seek reimbursement from the at-fault driver's/tortfeasor’s insurer or the responsible party after footing the bill for your damages/injuries in an car wreck or other type of personal injury legal case. In Tennessee car wreck cases, this process ensures that the responsible tortfeasor for the personal injury bears the financial burden, preventing double recovery. For instance, if your health insurer pays $50,000 for treatment after a car wreck, they may subrogate to recover that amount from any personal injury settlement you receive.
However, Tennessee adheres to the "made whole" doctrine in subrogation matters involving personal injury and/or car wreck injuries. This equitable principle means your insurer cannot enforce subrogation until you've been fully compensated—or "made whole"—for all losses, including medical bills, pain and suffering, and lost income from the car wreck. Tennessee cases like York v. Sevier County Ambulance Authority (1999) extended this doctrine to personal injury scenarios, ensuring victims of car wrecks aren't shortchanged.
In practice, subrogation can complicate personal injury settlements in Tennessee car wreck cases. If your settlement doesn't cover your full damages, the made whole doctrine may block your insurer…… But settling without your insurer's consent could jeopardize your coverage and/or your recovery. Always consult a Tennessee personal injury attorney to navigate subrogation and maximize your recovery after a car wreck, and be aware this is general information posted to this blog and not legal advice.
Whether it's a minor fender-bender or a severe collision causing personal injury, we are ready to speak with you about your case and happy to offer free consultations on personal injury/car wreck cases. We have extensive experience in these matters and look forward to assisting your family in your time of need.