What is subrogation in insurance?
Subrogation is the right of an insurer, having paid your claim, to step into your shoes and pursue whoever caused the loss to recover what it paid.
The principle behind it. Insurance operates on indemnity — you should be restored to your previous position, not profit. If you could claim from your insurer and sue the responsible party, you would be paid twice. Subrogation resolves this by transferring your right of recovery to the insurer once it has paid you.
It also ensures the cost ultimately falls on the party at fault rather than on your insurer and, through premiums, on other policyholders.
How it works in practice:
Your insurer pays your claim promptly, without waiting for liability to be established. This is the main benefit to you — you are not left waiting years while lawyers argue.
The insurer then pursues the responsible party or their insurer, usually behind the scenes.
If recovery succeeds, your insurer recoups its outlay — and, importantly, your excess should be refunded and any effect on your no claims discount reversed, since the claim becomes non-fault.
Where you encounter it:
A non-fault motor accident. Your comprehensive insurer repairs your car, then recovers from the other driver's insurer. Until recovery succeeds, the claim is recorded as fault-affecting your NCD — which is why the outcome matters to you and why chasing progress is worthwhile.
Escape of water from a neighbouring flat. Your insurer pays and pursues the neighbour or their insurer.
Faulty goods or workmanship causing damage — your insurer pursues the supplier or contractor.
What you must do, and this is easy to get wrong:
Do not admit liability at the scene or afterwards, since it prejudices recovery and most policies require it.
Do not settle privately with the other party after claiming, which can breach the policy.
Cooperate with your insurer, including providing evidence and, if necessary, allowing proceedings in your name.
Preserve evidence — the damaged item, photographs, contact details.
Waiver of subrogation clauses appear in commercial contracts and change this.