October 2018 Subrogation Newsletter
Pedestrian deaths now make up 16% of the total traffic deaths in the U.S. In an effort to address this growing public safety concern, state legislatures are scrambling to pass new laws that regulate and define who is at fault when a pedestrian is struck. To effectively handle personal injury and workers’ compensation subrogation claims you must be familiar with the laws that govern the liability of motorists and the duties of pedestrians when crossing the street. This article contains a link to our Pedestrian and Crosswalk Laws In All 50 States chart that covers the laws that regulate the relationship between and the duties of motor vehicles and pedestrians crossing the street for all 50 states.
The federal government mandates that trucking companies operating interstate comply with their financial responsibility obligations by having an insurance policy that includes a MCS-90 Endorsement, a qualifying surety bond, or a sufficient business operation for self-insurance. By far, the most common mode of compliance is the MCS-90 Endorsement. This endorsement requires the issuing insurance carrier to pay a claim when an injured party obtains a judgment against their insured, in situations where coverage is denied or not otherwise warranted. This endorsement shifts the risk of loss away from the public by guaranteeing that an injured party will be compensated, even if the insurance carrier has a valid defense based upon a condition in the policy.
Subrogation in the Hawkeye State appears to be as simple and routine as driving through Iowa itself. But, applying the statute is more akin to driving through a cyclone. Simply stated, the simplicity of subrogating workers’ compensation benefits in Iowa is an illusion riddled with confusing traps and pitfalls that can destroy a workers’ compensation carrier’s subrogation rights. Fortunately, these landmines can be easily side-stepped and avoided by instituting a few simple procedures. In this article, we will address three of biggest traps you need to avoid to obtain a successful recovery in Iowa.