Can the insurance company recover the subrogation right?

Not necessarily. Subrogation means that when a third party is liable for compensation, the insurance company pays the compensation amount first, obtains the compensation right of the victim, and then claims compensation from the responsible party. Only when the insured accident is caused by a third party can the insurer have the right of subrogation. First of all, the liability of the insured accident is caused by a third party; Secondly, according to the law or contract, the third party is liable for the loss of the subject matter insured, and the insured has the right to recover from it. If the loss of the subject matter insured does not fall within the scope of insurance liability, that is, the insurer does not have to bear the obligation of compensation, there is no right of subrogation. Although the compensation paid by the insurance company may not be recovered, this is because the law only gives the company that paid the compensation the right of subrogation, but does not force the responsible party to pay the compensation.

Is subrogation risky?

Subrogation is risky. Subrogation recovery, also known as subrogation compensation, refers to the right of the insurance company to recover from the third party with the rights of the insured after the insurance company has fulfilled its liability to the insured when the loss of the insured goods within the scope of insurance liability is caused by a third party. Subrogation usually occurs in accidents caused by the other party's fault, not accidents caused by the insured's own fault. After paying compensation to the insured, the insurance company obtained the right of the insured to seek compensation from the third party in this loss, thus replacing the position of the insured to seek compensation from the third party. Therefore, subrogation belongs to the insured's insurance situation, and only when the cause of loss belongs to the scope of insurance liability, the insurance company needs to fulfill its compensation obligation.