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Subrogation Reimbursement – What is it and why can it drastically reduce your settlement amount???


Most of our clients have never heard of the term “subrogation”, and they are shocked to learn that subrogation can significantly reduce the amount of your insurance settlement that you will receive. So what is subrogation, and how are the Brett Murphy injury attorneys able to reduce subrogation and increase what their clients put in the bank?

In Washington State, when an insurance company pays out benefits for a claim, that insurance company is entitled to recover all of the money that they have paid out for the medical treatment and loss of wages on behalf of the injured person. This is subrogation - your insurance company’s right to seek recovery for expenses it’s paid due to the negligence of the driver that hit you.

This isn’t fair!!

And this is the point where people get upset. It seems unfair that, after paying insurance premiums for years, a person is expected to pay back the benefits paid out by their insurance company to repair an injury that is no fault of their own. Shouldn’t the at-fault party have to pay for this? Here is the concept behind subrogation: but for the other person’s negligence, your insurance company would not have had to pay any medical bills.  Your insurance company will honor their obligation and pay for your medical bills (hopefully!), but they protect themselves by getting reimbursed for those payments. 

Subrogation reimbursement is always paid out, unless you hire a good attorney.

The Brett Murphy attorneys are highly skilled at negotiating with insurance adjusters to have subrogation waived or reduced, meaning that we can typically convince our clients’ insurance company to write off the outstanding subrogation claim. This waiver means that our clients keep significantly more of their settlement amount, to use to get back on track financially after an accident.

To read about a case where Brett Murphy attorney Steve Knapp was able to put an additional $30,000 in his client’s pocket by negotiating a subrogation waiver, please go to our Bicycle Accident Results page.

What is Mahler reduction and why can only attorneys get this for you?

In Washington, the amount you must pay back to your insurer is reduced based upon your attorney fees and costs. This reduction, known as a Mahler reduction, says that your insurance company must reduce the amount sought based on your attorney fees. In most instances, the Mahler reduction results in a 1/3 reduction of the amount you owe your health or auto insurer. You can only get this reduction if you have hired an attorney. This Mahler reduction significantly increases the portion of your settlement you get to keep.

Can your attorneys always get a subrogation reduction or waiver?

No, we can’t always get the insurance company to completely waive subrogation, but more often than not we can get them to reduce or even greatly reduce their subrogation claims. Some insurance policies are even exempt from a Mahler reduction.  But for each client and each case, your Brett Murphy attorney will vigorously negotiate with the insurance adjuster to reduce or eliminate the subrogation claim. That’s what we always do to maximize our clients’ settlements.

How do we handle our clients’ insurance claims?

After you have been seriously injured, imagine that you no longer have to worry about:

  • how to pay your growing medical bills;
  • how to keep money coming in while you recover;
  • how to deal with insurance adjusters who hassle you to sign a settlement agreement;
  • how to know what your claim is worth; and
  • how to get the full settlement you need to recover financially.


Read about the 11 ways we immediately help you through the insurance claim process.

Brett Murphy attorneys deal with subrogation claims and insurance companies, day in and day out, and we are able to maximize your recovery by minimizing the insurance company’s subrogation claim and by exerting your right to a Mahler reduction. This is what we do.

Be sure you will get the full settlement you are entitled to by reaching out to the experienced Brett Murphy personal injury attorneys. Call 1-800-925-1875 or complete a confidential contact form.