Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

Repairing Vehicles Before Damages Can Be Inspected: Good Claims Practice or Spoliation?

Good first-party claims practice requires prompt repair of damaged vehicles. Obviously, the time it takes to repair a damaged vehicle depends on the complexity of the claim, the nature and extent of the damages, and the availability of quality replacement … Learn More

The Failed No-Fault Automobile Insurance Experiment

In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through their own insurance company, regardless of fault. In … Learn More

Join MWL For A Complimentary Webinar on Changes to Michigan’s No-Fault Scheme

Attorneys Stephen Smith and Jacob Simon will be presenting a complimentary one-hour live webinar on A Riddle, Wrapped in a Mystery, Inside an Enigma: Changes to Michigan’s No-Fault Scheme on July 28, 2020 at 10:00-11:00 a.m. (Central). The Michigan Legislature … Learn More

IF IT SEEMS TOO GOOD TO BE TRUE: The Problem With Cut-Rate Subrogation Vendors

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit … Learn More

Historic Changes To Michigan No-Fault Law Effective July 1, 2020

The Michigan Legislature passed no-fault auto insurance laws in 1973 and like a T-Rex guarding its bone, has been holding on to this dysfunctional approach to auto insurance ever since. Instead of running away completely from the problem and joining … Learn More

Subrogating Rental Car Company Physical Damage And Loss Of Use Claims

Automobile rentals is a $29 billion industry and constitutes a significant portion of the transport sector in America. In 2018, there were 2,212,925 rental vehicles on U.S roads. There are six million auto accidents in the U.S. every year, and … Learn More

When Is A Vehicle Considered Totaled?

When and whether a vehicle involved in a collision is considered “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories of older but functioning vehicles being “totaled” simply due … Learn More

Massachusetts Weighs In On Third-Party Liability For Diminished Value Damages

Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019) A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. The … Learn More

Recent Decisions Slowly Restoring Made Whole Sanity In Montana

Montana remains one of the toughest states to subrogate in because it has a very strict made whole policy. It is the rule in Montana that an insured must be totally reimbursed for all losses as well as costs, including … Learn More

WHERE’S THE BEEF? Subrogating Livestock/ Vehicle Collisions In Texas

There are 22 million vehicles registered in Texas. There are also 13 million head of cattle, the most in the country and over twice the number of the state with the second-most—Nebraska.[1] Cattle and cars intersect more often than insurance … Learn More