The team at Wagner Reese, LLP, are dedicated Indiana personal injury attorneys who are the nation’s leaders in personal injury law. We have a reputation for fighting tirelessly for our clients, and we do not get paid until our clients get paid since we work on a contingency basis.

When looking for legal representation, you must choose a lawyer with experience, knowledge, and dedication to your case. Our team at Wagner Reese will work with you to achieve your goals. Put your trust in us to get the job done right.

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What is a Subrogation Claim?

A subrogation claim is the process in which a party that was not involved in an accident seeks financial compensation for a party that was involved. Usually, this involves one party’s insurance company filing the claim on behalf of their client to gain financial compensation after an accident or personal injury. This compensation is often given to the victim by the insurance company of the at-fault party, and afterward, the insurance company seeks reimbursement from the liable party in the case.

Even though it seems like a simple process, understanding subrogation claims is important as it can complicate a case, so having an experienced personal injury attorney by your side is recommended.

The Process of Subrogation and How it Works


Subrogation has several steps that must be taken before the liable party has to repay the insurance company. The insurance company must first identify what the claim could be after a personal injury has occurred. Afterward, research is conducted to see if the claim would stand up to scrutiny. The case is then managed by the insurance company until settlement agreements can begin, and after this, the injured party receives financial compensation.

Understanding the Role of Insurance Companies in Subrogation

In subrogation, insurance companies step between the victim and the liable party in a case. The insurance company will compensate the injured party directly and then seek reimbursement from the liable party. This provides the injured party compensation quickly. However, this puts pressure on the liable party as they might not have expected to pay during their case.

Common Scenarios Where Subrogation Claims Arise

It is very common for subrogation claims to arise in personal injury cases. Whether you have been labeled as the liable party or the victim, it is not uncommon to be part of a subrogation claim. These claims can be complicated if you are the liable party in the case, as you could face a large monetary burden.

The Potential Challenges Faced When Fighting a Subrogation Claim

After being labeled the liable party, you might have concerns about what comes next in the process. If you have never faced a situation like this before, it can be stressful when an insurance company claims that you owe them money.

One challenge you might face when fighting a subrogation claim is proving your innocence. If you were not liable for the injury and your lawyer is able to prove that, then the insurance company will have a much harder time pursuing you for reimbursement. This is important because it can essentially do away with the entire claim, as the insurance company cannot pursue an innocent party for an injury they are not liable for.

Strategies and Legal Options for Fighting a Subrogation Claim

Defending against a subrogation claim can be tricky if you have never dealt with one before. However, it will be an easier process with an experienced personal injury attorney on your side. The main tactic that you should employ when faced with the question of how to fight a subrogation claim is to hire a professional lawyer with experience and in-depth knowledge about it. Having a lawyer on your team who has experience fighting subrogation claims will help make the process much simpler for you in the long run.

The Importance of Getting Professional Legal Assistance from Wagner Reese, LLP

When you are faced with a subrogation claim, it is important that you have a team that can help you face the unique challenges that come with this type of claim. Our team is experienced and knowledgeable in all aspects of personal injury law, and as such, we can help you fight a subrogation claim.

Successful Subrogation Claim Defense

Wagner Reese, LLP has successfully provided subrogation claim defense for our clients in addition to recovering compensation for similar cases, including:

  • $1.65 million in medical malpractice claims
  • $1.2 million in a birth injury case
  • $1.055 million in a pedestrian accident case

FAQs About Subrogation Claims

What should I do if an insurance company says I am liable for a subrogation claim?

You should contact our attorneys immediately to retain legal counsel to fight the subrogation claim.

Can my own insurer have a subrogation claim against me?

No, the anti-subrogation rule does not allow insurance companies to recover payment from the funds they paid.

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Contact Wagner Reese for All Your Legal Needs

When you need legal counsel, it is important that you contact a lawyer who has a lot of experience in the field. You want someone who will work with you to try and achieve your goals in the best way possible. That is why it is crucial that you choose Wagner Reese, LLP to represent you.

We are committed to doing everything we can to achieve your goals, no matter what they might be. We are known for our passionate and rapid legal advocacy, as we make sure to treat all of our clients with respect and advocate for them zealously.

When the time comes, and you need legal counsel, contact the team at Wagner Reese, LLP using our secure online form or get in touch with us by phone for a free consultation.