Car Accident – Subrogation claims by Insurance Companies

Recently, the Alabama Court of Civil Appeals ruled that persons injured in car wrecks do not have to pay back there own insurance company the full amount of money that the insurance company paid out under the medical payments portion of the persons automobile  policy. Under the “common fund doctrine” the insurance company must reduce their claim to pay for attorneys fees (and I would argue costs as well) unless they actively participate to recover the money. Why should an insurance company get a free ride from their own insured  1) who was the injured party, 2) when the insurance company did not do any work to get any money and 3) when the insurance company collects from their own insured  premiums for medical payments coverage?

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