What is a Subrogor? A Comprehensive Guide to Its Legal Definition

Definition & Meaning

A subrogor is a person or entity that has a legal right to seek compensation for damages they have incurred. In a subrogation process, the subrogor transfers their right to claim damages to another party known as the subrogee. This means that the subrogor allows the subrogee to act on their behalf to recover compensation from a third party responsible for the damages. Once this transfer occurs, the subrogor loses the right to pursue the claim independently.

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Legal Use & context

The term "subrogor" is commonly used in civil law, particularly in insurance and tort cases. It arises when an insurance company pays a claim to the insured (the subrogor) and then seeks to recover that amount from the party at fault. This legal concept allows the subrogee to step into the shoes of the subrogor to pursue the claim. Users can manage subrogation claims using legal forms that are available through platforms like US Legal Forms, which provide templates drafted by attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A driver is involved in an accident caused by another driver. The driver (subrogor) files a claim with their insurance company. After paying for the damages, the insurance company (subrogee) seeks to recover the costs from the at-fault driver.

Example 2: A homeowner suffers damage from a neighbor's tree falling during a storm. The homeowner (subrogor) files a claim with their insurance, which then seeks reimbursement from the neighbor (hypothetical example).

State-by-state differences

State	Subrogation Rules
California	Allows subrogation claims but requires the subrogor to be fully compensated first.
Florida	Follows a comparative negligence rule, affecting the subrogor's recovery amount.
Texas	Allows subrogation but has specific statutes governing the process.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Subrogee	The party that receives the right to claim damages from the subrogor.
Indemnity	A broader term that refers to compensation for loss or damage, not necessarily involving a transfer of rights.
Assignment	The transfer of rights or property from one party to another, which may or may not involve a claim for damages.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation involving subrogation, it's important to understand your rights as a subrogor. You should:

Review your insurance policy to understand the subrogation process.
Consult with a legal professional if you have questions about your rights or obligations.
Consider using legal templates from US Legal Forms to assist with any necessary documentation.

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Quick facts

Typical Fees: Varies by case and jurisdiction.
Jurisdiction: Applicable in civil law cases.
Possible Penalties: Loss of claim rights if not properly executed.