Subrogation and Salvage Flashcards
6 cards from real CAIA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Subrogation and Salvage flashcards as text
What is the primary purpose of the subrogation clause in an auto insurance policy?
Answer: To allow the insurer to recover claim payments from the at-fault party.
Subrogation is the legal right of an insurance company to pursue a third party responsible for a loss. After paying the insured's claim, the insurer 'steps into the shoes' of the insured to demand reimbursement from the at-fault party, which helps control costs and ultimately keep premiums more affordable.
An insured's vehicle is declared a total loss. It has an Actual Cash Value (ACV) of $22,000 and a determined salvage value of $4,000. The policy has a $500 deductible. If the insured elects to use the 'owner retained salvage' option, what will be the net settlement amount paid by the insurer?
Answer: $17,500
When an insured retains their salvaged vehicle, the insurer's payment is calculated by taking the Actual Cash Value (ACV), subtracting the salvage value, and then subtracting the applicable deductible. The calculation is: $22,000 (ACV) - $4,000 (Salvage Value) - $500 (Deductible) = $17,500.
Which of the following is most essential for an insurer to successfully pursue a subrogation claim?
Answer: Clear and convincing evidence establishing the other party's liability.
The entire basis of a subrogation claim rests on the ability to prove that a third party was legally liable (at fault) for the damages. Without evidence of liability, such as a police report, witness statements, or traffic camera footage, the insurer has no legal standing to recover the funds it paid for the claim.
After an insurer pays a total loss claim and takes possession of the vehicle, what is the insurer's primary objective with the resulting salvage?
Answer: To mitigate its financial loss by selling the vehicle at a salvage auction.
Insurers take title to salvaged vehicles to recoup a portion of the claim payout. By selling the vehicle through specialized salvage auctions, they recover its remaining value, which offsets the total cost of the claim. This process helps manage losses and contributes to stabilizing overall insurance premiums.
An insured driver with a $1,000 collision deductible is not at fault for an accident. Their insurer pays for the vehicle repairs, less the deductible. The insurer then successfully subrogates and recovers the full amount of damages from the at-fault party's insurance. What is the proper handling of the insured's deductible?
Answer: The insurer reimburses the insured for the full $1,000 deductible.
When an insurer achieves a full recovery through subrogation, it has recovered all costs, including the amount of the insured's deductible. The principle of indemnity requires the insurer to make their policyholder whole, which includes returning the deductible that the insured had to pay out-of-pocket.
Which of the following parties has the first legal right to the proceeds from the sale of a vehicle at a salvage auction?
Answer: The insurer who paid the total loss claim and took legal title to the vehicle.
When an insurer pays a total loss settlement, it is essentially purchasing the damaged vehicle from the insured. The title is transferred to the insurance company, granting it legal ownership. As the owner of the asset, the insurer has the sole right to sell the salvage and retain the proceeds to offset its claim payment.