What Is Pre-Suit Subrogation Defense in Florida?
If you’ve received a letter demanding thousands of dollars after a car accident—even though you were never sued—you’re not alone. Subrogation claims can blindside people in Florida, especially when they didn’t have bodily injury (BI) coverage or were uninsured at the time of the crash.
These pre-suit demands often come from insurance companies or third-party collection agencies trying to recover money they paid out. The good news? You have the right to defend yourself before anything ends up in court. That’s where pre-suit subrogation defense comes in.
Whether you’re in Orlando, Tampa, or Jacksonville, understanding your rights and getting ahead of the situation can help protect your finances—and your peace of mind.
What Does Pre-Suit Subrogation Mean?
Subrogation is the legal process that allows an insurance company to step into the shoes of its insured and seek reimbursement from another party it believes caused the loss.
In auto accident cases, this typically happens when:
- The other driver’s insurance pays for medical bills, property damage, or workers’ compensation
- They then send you a letter asking for reimbursement
If this happens before a lawsuit is filed, it’s called a pre-suit subrogation claim. These demands can be aggressive and time-sensitive, but you are not legally required to pay them without verification—and you have defenses.
To better understand how this process works, you can review our overview of Florida subrogation lawsuits and what insurance subrogation means.
Why Am I Getting a Subrogation Letter?
You might receive a subrogation demand if:
- You were involved in a car accident
- You didn’t have BI coverage (or any auto insurance at all)
- Someone else’s insurer paid out damages and now wants you to pay them back
These letters often come from companies like Rawlings, Optum, or specialized subrogation law firms. They may include:
- A “Notice of Claim” or “Intent to Pursue Subrogation”
- A breakdown of payments made (e.g., medical bills, lost wages)
- A demand for payment or offer to negotiate a settlement
While they may sound official or threatening, they are not a lawsuit. But ignoring them can lead to one.
How Pre-Suit Subrogation Defense Works
At Florida Civil Counsel, P.A., we help clients throughout the state—including in Miami, Pensacola, and beyond—respond strategically to these demands. Here’s how we typically approach pre-suit subrogation defense:
Step 1: Notice of Representation and Debt Dispute Letter
We begin by drafting a formal notice to the subrogation company, letting them know you are represented and disputing the debt. We also request:
- Proof of the legal basis for the claim
- Copies of any documentation supporting the amount demanded
- Information on what payments were made and to whom
This forces the opposing party to substantiate their claim and opens the door for negotiation.
Step 2: Review and Verification
Once we receive the documentation, we carefully review it to determine:
- Whether the amount claimed is valid
- If the claim is barred by law or fact
- Whether any offsets or defenses apply under Florida Statutes § 768.76 (collateral source rule)
See the statute here
This step is crucial—many claims are inflated, unsupported, or based on flawed assumptions about fault.
Step 3: Settlement Negotiation
Our goal is always to negotiate the lowest reasonable settlement possible, ideally one you can pay in installments. In many cases, we are able to:
- Reduce the total claim substantially
- Structure payments in a manageable way
- Avoid any negative credit or litigation consequences
This is especially important if you’re facing financial hardship after the accident or have limited insurance coverage.
Step 4: Resolution and Closure
If an agreement is reached, we can assist with:
- Drafting the settlement terms
- Ensuring the opposing party acknowledges satisfaction of the debt
- Preventing further action down the road
If the other side refuses to settle reasonably or threatens to sue, we’ll advise you on the best path forward. Any future litigation would require a new agreement, but you’ll be fully informed before any next step.
Why Early Action Matters in Subrogation Cases
Even though you haven’t been sued, a pre-suit subrogation letter is a serious legal issue. Taking the right steps now can:
- Avoid court altogether
- Protect your credit and financial future
- Give you control over the outcome
Delays can lead to default judgments, wage garnishment, or increased demands. That’s why it’s so important to speak with a qualified Florida subrogation defense attorney as soon as possible.
If you’re unsure what to do next, our blog on responding to a subrogation demand letter breaks down immediate action steps you can take.
Trusted Subrogation Defense for Clients Across Florida
At Florida Civil Counsel, P.A., we focus on personal injury defense throughout the state—including Orlando, Miami, Jacksonville, and Tampa. We understand how overwhelming it can feel to receive a demand for thousands of dollars after an accident, especially if you didn’t have the right insurance at the time.
We’re here to help you take back control—confidently and strategically. If you’ve received a subrogation demand, don’t wait for a lawsuit to arrive.
Contact us today to schedule a consultation and get ahead of the problem.
