Insurance carriers typically have the right to be reimbursed under the insurance company’s right of subrogation when their insured recovers from an at fault party.

In Washington the injury victim must first be made whole before the injured person’s insurance company is entitled to be reimbursed.  [1] This means that if an injury victim recovers less than full compensation for his injuries – such as when the at-fault party does not have enough insurance – the injured person’s insurance company does not get reimbursed.

This Washington rule does not apply to employee benefits paid under a plan covered by federal ERISA law or to certain other statues that create liens on the injury recovery.

This is not a substitute for legal advice.  For advice about your situation speak to a personal injury attorney.