How can the answer be improved?Subrogation in Florida Personal Injury Cases. By Law Offices of Robert Dixon. You can trust that we will zealously advocate for your rights at every step of the way. Subrogation is an equitable doctrine. Subrogation literally means one person or party stands in the place of another. In the context of motor vehicle accident claims subrogation rights in florida
Read the definition of a subrogation claim and how it impacts your medical malpractice case in Florida. If you still have questions or need more answers you can call us for more help and more information. Contact us today at
In car accident injury claims, subrogation may be used to recover money from a third party. Learn how an insurers right of subrogation affects your claim. For most, subrogation is a strange term. Because it deals with insurance benefits and contracts, it can be a difficult legal concept. 1. The purpose of this article is to survey the use made of the doctrine of subrogation by the Florida courts. No attempt, therefore, has been made to discuss areas to which a right of subrogation has been extended by other jurisdictions. 2. Boley v. Daniel, 72 Fla. 121, 123, 72 So. 644, 645 (1916).subrogation rights in florida Tactics Used to Defeat Subrogation Claims and How to Prevent Them. As subrogation places the insurance carrier in the place of the party that originally possessed the cause of action, it is, in a sense, a legal fiction. The insurance carrier possesses all the rights and obligations of the party originally possessing the cause of action, as if it was the actual party pursuing the subject claim.
Case law in Florida interprets the statute to mean that an insurer qualifies as a victim, as Floridas restitution statute requires the trial court to consider the amount of the loss sustained by any victim, and further stated that an insurer would be subrogated to the rights of its insured. subrogation rights in florida After paying UM claims for personal injuries, insurers may assert subrogation rights against the uninsured tortfeasors for the UM payments. 18 Florida courts have upheld the subrogation rights of health care insurers in automobile cases involving personal injuries. In terms of an automobile accident claim, subrogation is a doctrine holding that when an insurance company pays an insured's claim of loss due to another's negligence, the insurer succeeds to the insured's rights (as the right to sue for damages) against the tortfeasor.