Subrogation Rights of Insurance Companies in Illinois following a Motor Vehicle Crash

Feb 6, 2024

What are Subrogation rights?

In the context of an auto accident case in Illinois, subrogation interest typically refers to the right of an insurance company to pursue reimbursement for payments made to its insured as a result of the accident, when the insured is not at fault and another party is legally responsible for the damages.

Here’s how it generally works:

  1. Insurance Coverage: When an individual has auto insurance, their policy may cover damages resulting from an accident. This coverage may include medical expenses, vehicle repairs, or other losses.
  2. Accident Occurs: If the insured is involved in an accident and files a claim with their insurance company, the insurance company will typically cover the costs up to the policy limits, assuming the policy covers the damages.
  3. Subrogation: If the accident was caused by another party’s negligence or wrongdoing, and the insured’s insurance company paid for damages, the insurance company may have a right to seek reimbursement from the at-fault party or their insurance company. This right is known as subrogation.
  4. Recovery: If the insurance company is successful in recovering funds from the at-fault party or their insurer, it will typically reimburse itself for the payments it made to its insured. Any remaining funds may go to the insured, depending on the terms of the insurance policy and applicable laws.

In Illinois, like in many other states, subrogation is a legal principle that allows insurance companies to seek reimbursement for payments made on behalf of their insured when another party is responsible for the damages. However, the specifics of subrogation rights and procedures may vary depending on the terms of the insurance policy, state laws, and the particular circumstances of the accident. It’s important for individuals involved in auto accidents to understand their rights and obligations regarding subrogation, which may require consulting with legal or insurance professionals familiar with Illinois law.

If readers have questions about insurance subrogation rights following a motor vehicle crash, do not hesitate to reach out to Coffman Law. Owner and Founding Partner Brian Coffman has handled and dealt directly with insurance companies through his experience seeking justice for injury victims for over 19 years. CLICK HERE to contact our office for a free consultation.


About Coffman Law Offices, P.C.

Coffman Law is Chicago’s leading personal injury law firm and is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is results-driven law firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate compensation for injuries or loss. The firm is led by Owner and Founding Partner Brian W. Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain compensation for their injuries.