When auto accidents arise, most injured parties go through the at-fault party's insurer to seek payment for losses. Sometimes, the at-fault party seeks to settle such claims without involving insurers. One of the most common ways to do this is to present a waiver of subrogation to the injured party.
If accepted and signed, the injured party and their insurer have no rights to pursue the at-fault for damages beyond the settlement agreement.3 Future claims are forfeited, preventing recovery from the at-fault party or their insurer. Agreeing to this provision should be done with careful consideration, often after discussing the details with the insurer or an attorney.4
Parties may want to include a waiver of subrogation in order to cut down on the possibility of drawn-out and costly legal disputes that can arise from contractual obligations. Clients may want this provision to avoid being sued for or held responsible for a loss and to speed up the claims process in the event of such a loss.
For some, settling is quicker than claim processing. Accidents can adversely affect premiums or terminate coverage for at-fault parties; therefore, settling could prevent negative activity from being recorded on their insurance profile.
Waiver of subrogation clauses in construction contracts also prevent delays in construction caused by disputes and litigation resulting from losses. When these provisions are absent, investigations ensue to determine fault. As with many cases, this process can take time—more time than what the owner has allowed to complete construction. As a result, costs surmount, compromising the integrity of the project.