Legal Question in Personal Injury in California

Re: Dog bite subrogation claim

Subrogation is the right of a party to recover the amount of money it paid because of a contract or some other legal obligation to compensate the injured party. Normally the insurer will try to get the injuried insured to agree not to settle that part of the claim and to turn over the right to recover to the insurer.

Subrogation is legal. My guess is that the person who was bitten gave you the first medical bill he/she incurred but that medical insurance carrier had to pay the rest of the bill or subsequent bills. If you got a written agreement from the injured person that your payment settle his entire claim, then you do not owe anything because you were unaware of the insurance settlement. But I doubt you knew to do that.

Call up the claims collection agency and get them to send you all the documents, including the medical reports and records so tha yhou can see if the entire sum billed was for the injury and not some other problem. They will tell you that the insurance company does not send any such paperwork to them; you should respond that you will not pay a penny until you have such proof, as the il;nsurance company does not normally settle such claims until it has all that information. If they do not file a lawsuit against you within 2 years of the date of the incident [would have to file here and not in Missouri] you are home free. The subrogee has no greater rights than the insured.

Re: Dog bite subrogation claim

Mr. Shers has given you a very thorough and, in my opinion, 100% correct, answer.

You are liable, but follow Mr. Shers' instructions.

Re: Dog bite subrogation claim

Subrogation is valid and enforceable here. Hopefully when you paid his medical bill your obtained a full release of all claims by the injured party? If not, you may well be liable.