Personal injury victim filing a claim

What is Auto Insurance Subrogation in Texas?

By Jose Ceja
Managing Attorney

When you are already battling injuries from a serious auto accident, the last thing you probably feel like worrying about is dealing with various insurance companies. Luckily, insurance subrogation can prove helpful. 

Subrogation is a process by which your insurance company will pay you for your damages before going through the defendant to be reimbursed for such expenses. 

Insurance companies have the legal right to bring claims of their own against any at-fault parties to an accident. If someone is injured in a car accident and suffers $10,000 worth of damages, their insurance company can pay the victim $10,000 and then pursue repayment from the at-fault party (defendant). Essentially, it is a debt collection. 

Subrogation is Common with UM/UIM Claims

If you pay your insurance company some deductibles for your coverage, subrogation may even reimburse you. Subrogation is very common with auto accidents when you are injured in an accident for which you were not at fault. This happens a lot with uninsured/underinsured motorist claims. This type of coverage is intended to cover individuals who are injured in an accident where the at-fault party lacks enough to cover the damages. 

Subrogation Claims

The good news is that subrogation doesn’t require much involvement from you. Should your insurance company choose to subrogate your claim, you will generally receive a payment from the company for your medical bills, vehicle repairs, and other related expenses. You would file a “first-party” claim and would likely receive benefits within 15-30 days. As previously mentioned, a successful subrogation will reimburse you for your deductible. 

Subrogation vs. Direct Reimbursement

If your insurance company subrogates your damages, you forfeit your right to seek damages directly from the at-fault party on your own. If your insurance company does not pursue subrogation, you can still bring a claim for such reimbursement directly against the at-fault party. 

You should always familiarize yourself with your insurance policy, as some include waivers of subrogation. While the insurance company in these cases has waived its right to subrogate, such a policy typically costs more money upfront. 

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident

If you or a loved one has been injured in an accident due to the recklessness or negligence of another, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.

At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.