How long does subrogation usually take?

Asked by: Ashtyn Kutch  |  Last update: October 18, 2025
Score: 4.8/5 (48 votes)

The subrogation process can take weeks, months, or sometimes years to complete, depending on the circumstances of the accident, the complexity of the claim, and the state where it occurred.

How long does a subrogation take?

How Long Does the Subrogation Process Take? While some subrogation claims might be settled within a few months through straightforward negotiations, others may require extensive legal intervention, mediation, or even court proceedings, which can significantly prolong the process.

What is the process of subrogation in insurance?

What is subrogation when it comes to car insurance? Subrogation is when the insurance company of the not-at-fault driver pays for the damages of their insured and then request reimbursement from the insurance company of the at-fault driver.

How long can an insurance company take to make a decision on a claim?

Most insurance companies are typically given between 15 to 90 days to investigate a claim and accept or deny it, depending on the specific state regulations, the type of the claim, and the case's complexity. For instance: Straightforward property damage claims may be resolved more quickly.

What is the success rate of subrogation?

Subrogation matters

Experience dictates that when the subrogation function is handled well, it can have a positive impact of up to almost 4% of an insurance company's operating ratio. In addition, up to 22% of paid claims can be recovered through subrogation recovery.

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How do you beat subrogation?

How Do I Fight a Subrogation Claim?
  1. Investigating the case to determine who is truly to blame.
  2. Recovering evidence to build a compelling defense.
  3. Negotiating with the insurance company to pursue a favorable resolution for you.
  4. Pursuing any claims you may have against other at-fault parties.

What comes after subrogation?

If your insurance company's subrogation claim is approved, the resulting proceeds may help cover the cost of your deductible. Bear in mind that you need to have adequate coverage on your policy and use it (including paying your deductible) before your insurance company may get involved in seeking reimbursement.

How long does it take for an adjuster to make a decision?

Typically, under the terms of the insurance policy and/or by state law, the adjuster must complete an initial review and send a response within a reasonable amount of time – usually on the order of 30 days.

What happens if a claim is taking too long?

The law requires insurance companies to acknowledge receipt of a claim within 15 days after they receive it. They must communicate their decision on the claim within 15 business days after receiving all necessary information related to the claim. If they fail to do so, policyholders have the right to sue for delay.

How long before an insurance company offers a settlement?

Under the Fair Claims Settlement Practices Regulations guideline that California follows, an insurance company must settle a claim immediately, if possible. If it can't settle it immediately, it must do so within 40 days of receiving the proof of claim forms.

What happens if you ignore subrogation?

You will want to immediately notify your own insurer to determine how they can assist you. A subrogation claim is not going to go away on its own. If you ignore the letter, the insurer will file a lawsuit against you, the party being held responsible, and the insurer will win, almost every time.

Can you negotiate a subrogation claim?

Yes, subrogation claims can often be negotiated. While insurance companies have the right to seek reimbursement for the amounts they've paid on your behalf, the final amount they recover may be open to negotiation.

Do insurance companies always pursue subrogation?

Yes and no. The insurance company must advise you as to whether or not they intend to pursue subrogation. If the company pursues subrogation, they are required to include your deductible as a part of the process.

What happens if you can't pay subrogation?

What happens if you don't pay a subrogation claim? If you choose to not pay a subrogation, the insurer will continue to mail requests for reimbursement. Again, they may file a lawsuit against you. One way to avoid an effort to subrogate from the victim's insurance company is if there is a subrogation waiver.

Is subrogation a good thing?

The Bottom Line

Subrogation can be a good thing if you're involved in an accident that's caused by someone else. If all goes well, your insurance company could recover your deductible—which would put some cash back in your pocket. Another perk is that the process is handled entirely by your insurer.

What is a subrogation claim amount?

What Is Subrogation? Subrogation is a term describing the right held by most insurance carriers to legally pursue a third party that caused an insurance loss to an insured. This allows the insurance carrier to recover the amount of the claim it paid to the insured for the loss.

How long should a claim take to settle?

Time limits may be extended in certain circumstances. Claims handled through the portal usually take around 4-9 months to settle – based on clients' accepting the first settlement offer. Clinical Negligence: Clinical negligence cases can take anything from 18 months to even 2-3 years to settle.

Why is my claim taking forever?

It can take quite a while to investigate an accident, especially when it comes to determining liability for the accident. The insurance company has to collect information about the claim, review evidence, and carry out other tasks to ensure the claim is valid and make a plan for moving forward with it.

Can I sue my insurance for taking too long?

The answer to this question is complex, but California health insurance providers are bound by state law to respond to claims within a specific amount of time. If they fail to do so, you may have the basis for a lawsuit against your insurer due to bad faith.

Why is my insurance adjuster taking so long?

Here are some common reasons they might try to drag out settling your claim: Insurance companies are a business. Auto insurance companies are profit-driven entities whose goal is to make money. They may delay settling your claim to minimize their financial losses.

What not to tell a claims adjuster?

Some key phrases to avoid saying to an insurance adjuster include: “I'm sorry.” “It was all/partly my fault.” “I did not see the other person/driver.”

How long does it take an insurance adjuster to make an offer?

Some insurance adjusters respond to demand with an offer of compensation well within the allotted thirty (30) day time frame, while others, taking the previously mentioned factors, can understandably exceed the given period.

Why does subrogation take so long?

For example, if the other driver has insurance, is 100% at fault and doesn't contest your claim, it might be a fairly quick subrogation process. On the other hand, it can be a longer process if an uninsured driver is at fault or it's unclear who's responsible for the accident.

Can you settle a subrogation claim?

Negotiate the claim. If you and your lawyer are unable to stop the subrogation claim altogether, it is possible to negotiate. Most insurance companies are willing to negotiate because they want to settle claims quickly and get their money.