If you’ve been injured in an accident in New York and received payments from your health or auto insurance, subrogation may impact your personal injury settlement. At Losi & Gangi, we want you to understand how this legal process works — and how we can help protect your recovery.
What Is Subrogation?
Subrogation allows your insurance company to recover money they paid on your behalf (like medical bills) from any compensation you receive from the party responsible for your injury. For example, if your insurer covered $10,000 in medical bills and you later settle your case for $50,000, they may request repayment of that $10,000.
How It Works in New York
In New York State, insurers have the right to assert subrogation claims, but these are subject to important limitations. Many subrogation claims must comply with state statutes and public policy, especially those involving government benefit programs like Medicaid or Medicare.
Can Subrogation Be Reduced?
Yes. New York follows the “common fund doctrine,” meaning your insurer may have to reduce their claim to account for your attorney’s role in recovering funds. This helps ensure that you’re not unfairly penalized for using legal counsel.
At Losi & Gangi, we work to negotiate and reduce subrogation claims, allowing you to keep more of your settlement.
Why It Matters
Subrogation ensures the at-fault party, not your insurer, pays for your damages. While it may reduce your final award, it also supports fair and efficient insurance practices.
How We Help
The subrogation process can be complex, but you don’t have to face it alone. We’ll:
- Review any subrogation claims for validity
- Negotiate to minimize repayment
- Maximize the compensation you keep
If you’ve been injured and are facing a potential subrogation claim, contact Losi & Gangi today for a consultation. We’re here to fight for your rights, and your recovery.
