Florida Subrogation Lawsuits
Different Types of Subrogation Lawsuits
Subrogation is a legal doctrine that allows an insurance company to pursue reimbursement from a third party after paying a claim on behalf of its insured. In Florida, subrogation lawsuits are commonly filed against individuals or businesses alleged to have caused property damage, vehicle accidents, or other losses.
These cases often come as a surprise. Many defendants do not realize an insurance company can sue them directly for money it paid to someone else. Subrogation is most common in car accidents and property damage cases, where insurers seek to recover large payouts tied to repairs, medical bills, or replacement costs.
According to the National Highway Traffic Safety Administration, millions of motor vehicle crashes occur in the United States each year, resulting in hundreds of billions of dollars in insurance payouts. Subrogation plays a significant role in insurers’ efforts to recover those costs from parties they believe are responsible.
How the Florida Subrogation Process Works
When an accident or loss occurs, the injured party’s insurance company typically pays the claim first. After payment, the insurer may pursue a subrogation claim against the person or entity alleged to be at fault.
Before filing a lawsuit, insurers often attempt to recover money informally through demand letters or collection efforts. If those efforts fail, the insurer may file a subrogation lawsuit in the county where the incident occurred.
Once a lawsuit is filed, the case proceeds like any other civil action. Discovery is conducted, settlement discussions may take place, and mediation is often required. If the case does not resolve, it may proceed to trial where the court determines whether subrogation is appropriate and, if so, how much must be paid.
In a subrogation lawsuit, the plaintiff is the insurance company. The defendant is the person or business alleged to have caused the loss.
Common Types of Subrogation Lawsuits in Florida
Property Damage Subrogation Lawsuits
Property damage subrogation commonly arises from fires, floods, construction defects, vehicle impacts, or other incidents causing damage to homes or commercial buildings. After paying for repairs or replacement, a homeowners or business insurer may file suit to recover those costs from the party it claims caused the damage.
These cases often involve complex questions about causation, maintenance responsibilities, and whether negligence actually occurred. Property damage subrogation claims frequently involve six-figure repair demands.
Uninsured Motorist Subrogation Lawsuits
Uninsured motorist subrogation occurs when an insurer pays a claim because the at-fault driver lacked sufficient insurance or had no coverage at all. After payment, the insurer may pursue the uninsured driver directly to recover medical expenses, vehicle repairs, and related costs.
These cases are often filed after unsuccessful collection attempts and are typically brought in the county where the crash occurred. Insurers may also seek interest from the date they paid the claim.
Liability Subrogation Lawsuits
Liability subrogation lawsuits arise when an insurer pays damages caused by an individual or business and then seeks reimbursement from the party it believes is legally responsible. These claims often stem from negligence allegations tied to vehicle accidents, property damage, or other injury-producing events.
Liability subrogation cases are handled in civil court and often require detailed factual and legal defenses to limit or defeat recovery.
Why Insurance Companies File Subrogation Lawsuits
Subrogation lawsuits are designed to shift financial responsibility to the party alleged to be at fault. They are not intended as punishment, and many defendants are unaware a claim exists until they are formally served with a lawsuit.
In Florida, subrogation does not prevent the insured from being compensated. Any money recovered by the insurance company is typically applied to reimburse the insurer and, in some cases, offset the insured’s deductible.
Because these lawsuits are filed by insurance companies with significant resources, early defense strategy matters. Defendants often benefit from working with experienced Florida subrogation defense attorneys who understand how to challenge liability, damages, and standing.
What Happens After a Subrogation Lawsuit Is Filed
Once a lawsuit is filed, the insurer must still prove fault, causation, and damages. Defendants have the right to challenge the claim, dispute the amount sought, and raise defenses such as comparative fault, lack of negligence, or intervening causes.
If the insurer obtains a judgment, it may attempt to collect through legal means such as garnishment, liens, or asset seizure. Many cases, however, resolve through negotiation or mediation before reaching that stage.
What to Do If You Are Sued in a Subrogation Case
If you are sued in a subrogation lawsuit, it is critical to take the matter seriously. These claims can involve substantial sums of money and long-term financial consequences.
Speaking with experienced pre suit injury defense attorneys early can help you understand your exposure, evaluate defenses, and potentially resolve the matter before costs escalate.
Florida Civil Counsel, P.A. represents individuals and businesses throughout Florida who are sued by insurance companies in subrogation actions. The firm focuses on defending claims efficiently while protecting clients from unnecessary financial exposure.
Roberto M. Vazquez is a Florida civil litigation attorney with experience defending subrogation claims statewide, including property damage, uninsured motorist, and liability subrogation lawsuits.
To discuss a pending subrogation case or learn more about your options, contact Florida Civil Counsel, P.A. through the firm’s website.
If you’re in Orlando or the surrounding area, please visit our page dedicated to Orlando Subrogation Defense.
