Subrogation Benchmarking - The Devil is in the Details - SecondLook (2024)

It is often said that the devil is in the details and perhaps nowhere is this truer than the insurance claims process where benchmarking and metrics define both quality and results. This is particularly evident in the subrogation arena; where upwards of 15% of all claims are closed with a missed subrogation opportunity at an annual cost of $15 billion dollars.

In my experience overseeing large organizational claims and subrogation processes, this actually strikes me as low, as it may not fully encompass cases where the adjuster settlement was based upon total liability as opposed to properly identifying comparative negligence.

When considering benchmarks, there are time bound and results oriented metrics which all have an impact on an organizational bottom line. A commonly used benchmark, which dates back to the original Ward studies in the 1990’s measures Total Dollars of Net Subrogation Recoveries as a % of Total Indemnity Paid Losses for Personal Auto Collision. While still cited, it is only as accurate as subrogation identification, which often lacks within carriers resulting in collectible files being closed with no recovery. After the original study, it was concluded that high performing carriers collect about 23.7% while the total universe is at 11.6%.

In the years since, there has been some focus by carriers on improving their subrogation process which has led to an increase in recovered dollars. Various benchmarking studies have shown net recoveries to total paid collision in the 25-28% range for standard carriers and 14-17% for nonstandard carriers.

A potential flaw with the various benchmarking methodologies is its heavy reliance on collisions. While 72% of recoveries are indeed related to collision, it is shortsighted to not consider all line coverage’s where subrogation is a viable option, in particular UM, UIM, UMPD, PIP and Medical Payment’s. In addition, there are even more overlooked opportunities for health, GL, worker’s compensation and property insurance.

Some key metrics that can be considered by carriers include the following:

  • Recognition percentage – dollars identified as recoverable from paid dollars by claims adjusters. The key here is having a pool of adjusters who understand the concept of subrogation, local jurisdictional knowledge and having the ability to negotiate shared liability settlements. In industry benchmarking studies, subrogation recognition generally ranges from a high of 45 files to a low of 5 for every 100 new claims. Specific to my experience, the optimal collision referral rate, while dependent upon negligence laws, should be around 35% in a pure comparative state. This figure would be less in a modified jurisdiction and even less in a contributory one.
  • Recovery Rate – dollars actually recovered from total paid dollars. Measure this in terms of both gross recovery as well as costs after factoring in expenses. When factoring comparative negligence and improper referrals, the recovery rate should be somewhere in the range of 85-90%. This requires adjusters properly identifying subrogation, assessing comparative negligence and pursuing only what they are entitled to.
  • Recovery Rate per FTE. Include in this both the gross dollars as well as net dollars and expenses incurred. There is a wide variance among adjusters, but a good target would be $1,000,000 per subrogation adjuster. Again, this is going to have a range based upon type and complexity of file.
  • Cycle Time- time from subrogation identification to recovery. The industry average is about 200 days, yet the average time to issue final payment is about 10 days. With the ability to fast track arbitrations and leverage technology, this could be compressed to well less than 60 days. Each day that the money sits on the table there is a quantifiable impact to the actuarial triangles.
  • Subrogation Allocated Loss Expenses (ALE) – file related expense dollars paid to recover subrogation dollars. It makes no sense to spend $500 dollars in overhead to recover $400. The following model exemplifies when it may make more financial sense to outsource more complex portions of recovery operations.
  • Subrogation Unallocated Expenses – non-file related expense dollars paid to recover subrogation.
  • Recovery Multiple – ratio of recovery dollars to expense dollars
  • Files closed with no Recovery-Percentage of files referred to subrogation that are closed with no recovery. While there can be legitimate reasons, carriers invariably tend to close files prematurely particularly in cases involving uninsured tortfeasors who tend to be a challenge for carrier subrogation adjusters.

Some benchmarks that carriers could utilize to most effectively gauge their subrogation performance could also include a formula that divides total staff into total recoveries for a recovery amount per FTE. This should be used in conjunction with disposition numbers such as total closures and cases closed with no recovery.

When looking at the percentage of files closed with no recovery, it is critical to understand the carrier’s workflow. Many carriers use internal adjusters, often with little collection experience, to pursue uninsured tortfeasors. A good barometer of how much money is being left on the table is the frequency by which second, third or even fourth looks are sent out to the open market where a vendor will review it, often at no charge. The following chart provides an overview of how the highest performing carriers, self insured’s and TPA’s are segmenting their work internally and externally.

Subrogation Benchmarking - The Devil is in the Details - SecondLook (1)

One key aspect that is not often considered in subrogation benchmarking is that of claims. To truly understand the end to end process, the following metrics can be very beneficial in identifying opportunities to maximize recoveries.

  • Percentage of files referred to subrogation by line coverage.
  • Percentage of files where collision was paid but no PD was paid with no associated referral to subrogation.
  • Percentage of claims where liability was assessed at either 0% or 100% or similar moniker in claims system such as insured not at fault/insured at fault.
  • Referral of supplementals and rental invoices to subrogation.

Many carriers will look at just a fraction of the available metrics, often focusing on those that are easily obtainable, such as bottom line recoveries or percentage of collision referrals. This approach can have unintended consequences, such as adjusters referring to meet a number rather than doing their investigation. The challenge with any metric is to ensure that there is quality control in place, as policing adjusters is often required to make sure that they are doing the right thing.

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Chris Tidball is an Executive Claims Consultant with SecondLook, Inc., a leading provider of subrogation services and solutions. He has spent more than thirty years in claims, working with multiple top 10 carriers as an adjuster, manager and executive. He is the author of multiple books including Re-Adjusted: Taking Your Claims Organization From Ordinary To Extraordinary and is the creator of the fictional series The Adjuster, which is being adapted for television. He can be reached at ctidball@2ndlook.net

Subrogation Benchmarking - The Devil is in the Details - SecondLook (2024)

FAQs

What are the three principles of subrogation? ›

What is the principle of subrogation in insurance? The principle of subrogation in insurance enables the insurer to take over the policyholder's legal right to recover damages. In other words, the insurance company has the right to pursue any third-party liable for the damages that it has paid out to the policyholder.

Why is subrogation bad? ›

A subrogating insurance company is not entitled to a greater legal standing than the party it is representing. In fact, it can attain no more compensation than what it has already paid to the injured party.

How often is subrogation successful? ›

When factoring comparative negligence and improper referrals, the recovery rate should be somewhere in the range of 85-90%.

What is the main concept of subrogation? ›

What is Subrogation? Subrogation in insurance is a legal right of the insurance company to legally pursue a third-party responsible for the damages/insurance loss caused to the insured. Subrogation is done to recover the claim amount insurance company pays to the insured for the damages.

What happens if I ignore a subrogation letter? ›

A subrogation claim is not going to go away on its own. If you ignore the letter, the insurer will file a lawsuit against you, the party being held responsible, and the insurer will win, almost every time.

What is the right of subrogation against? ›

Subrogation is the right of an insurer to pursue the party that caused the loss to the insured in an attempt to recover funds paid in the claim. The collateral source rule prevents monetary damages from being reduced by the amount that was reimbursed from another source, such as insurance.

How do you beat subrogation? ›

Subrogation claims rely on fault, and insurance companies can only file claims against those they can prove are liable for property damage. If you can demonstrate that you are not liable for the property damage, the insurance company will have no grounds for their claim, and you will not have to pay it.

How to negotiate a subrogation claim? ›

Use the evidence you have gathered to support your position, articulate the liability of the responsible party, and the extent of the damages. Seek legal representation if the subrogation claim is complex or the insurance company is unwilling to negotiate in good faith.

Why would an insurance company choose to subrogate? ›

Subrogation allows insurance carriers to recoup costs from the party causing the loss. This process can influence the amount you receive from your insurance claim. This is especially true in personal injury and auto accident scenarios. Speak to a personal injury attorney about the subrogation process.

Should I respond to a subrogation letter? ›

This letter will document and state what the insurance company paid out. You should read through the letter. Then, you do not need to respond to it. Instead, contact your car accident attorney to handle every step beyond that point.

When can subrogation be waived? ›

You can only request a blanket waiver at policy inception. If you request the blanket waiver endorsem*nt for your policy mid-term, it won't be added until your next renewal. Specific waivers can be processed at any time.

Does subrogation affect credit score? ›

Subrogation does not affect credit scores or credit reports directly. Subrogation is a process where an insurance company seeks to recover funds from an at-fault third party after making a claim payment to a policyholder for damages resulting from a car accident. The process is generally separate from credit scoring.

Is subrogation a good thing? ›

It benefits the insured in that the at-fault party must make a payment during subrogation to the insurer, which helps keep the policyholder's insurance rates low. In the case of an accident, it is still important to stay in communication with the insurance company.

What is the intent to subrogate someone? ›

In the context of insurance, subrogation refers to the right of an insurance company to pursue a claim against a third party that caused damage to their insured, after the insurance company has paid out a claim to the insured.

Is subrogation debt collection? ›

Subrogation permits a company to temporarily possess the rights and duties of another by operation of law or contract and recover a debt against another. Vehicle accidents, product manufacturer negligence, and construction claims are all common forms of subrogation.

What are the elements of subrogation? ›

The conditions are:
  • Payment must be made by the subrogee to protect his own interest;
  • The subrogee must not have acted as a volunteer;
  • The debt paid must be one for which the subrogee was not primarily liable;
  • The entire debt must have been paid; and.
  • Subrogation must not work any injustice to the rights of others.

What are the three principles of insurance? ›

Principles of Insurance
  • Insurable Interest.
  • Utmost good faith.
  • proximate cause.
  • Indemnity.
  • Subrogation.
  • Contribution.

What is the common law subrogation? ›

Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit.

What is a subrogation claim and how do I fight it? ›

A subrogation claim is the process in which a party that was not involved in an accident seeks financial compensation for a party that was involved. Usually, this involves one party's insurance company filing the claim on behalf of their client to gain financial compensation after an accident or personal injury.

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