Subrogation & Recovery
Recovering Insurance Claim Payouts Through Subrogation
Burton Kelley assists insurers in maximizing financial recovery through dedicated subrogation services.
When your company compensates an insured for a loss primarily caused by the negligence or wrongdoing of a third party, our firm vigorously pursues that responsible party to recover the amounts paid out on the claim.
Our San Diego-based attorneys are skilled at identifying viable subrogation opportunities across various lines of insurance, including property damage, automobile claims, and other casualty losses where liability clearly rests with a third party.
We meticulously investigate the underlying incident, establish the legal basis for liability, and diligently pursue recovery actions against the at-fault individuals or entities. Our primary objective is to mitigate the financial impact of paid claims on insurer reserves by effectively identifying and exercising all available subrogation rights.
Our Approach
Opportunity Identification & Analysis
We review paid claims to identify subrogation opportunities and liable third parties.
Liability Pursuit & Demand
We investigate loss, establish liability, and initiating action to assert recovery rights.
Maximizing Recovery
We diligently negotiate settlements or litigating to maximize recovery from responsible parties.
Frequently Asked Questions
What is insurance subrogation?
Subrogation is the legal right that allows an insurance company, after paying a claim to its insured, to step into the shoes of the insured and pursue recovery from the third party who was actually responsible for causing the loss.
When does the right to subrogation typically arise?
Subrogation rights generally arise when an insurer pays for a loss suffered by its insured, and that loss was caused by the fault or negligence of another person or entity (a third party).
What types of insurance claims commonly involve subrogation?
Subrogation potential exists across many lines, but it is frequently pursued in auto insurance claims (when another driver is at fault) and property insurance claims (damage caused by negligence, faulty repairs, defective products, etc.).
How does Burton Kelley handle the subrogation recovery process?
Our process involves identifying viable claims, thoroughly investigating liability, issuing formal recovery demands, negotiating settlements, and, if required, filing lawsuits against the responsible parties to compel recovery.
What is the main advantage for an insurer in pursuing subrogation?
The primary advantage is financial recovery. Successfully subrogating allows the insurer to recoup funds paid out on claims, thereby reducing overall loss costs and improving financial performance.
Why should insurers choose Burton Kelley for subrogation needs?
Our San Diego-based firm provides experienced legal counsel focused on efficiently identifying subrogation potential and diligently pursuing all avenues of recovery to maximize results for our insurance clients.