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Matthiesen, Wickert & Lehrer S.C.
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Auto, Med Pay, PIP

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Rental Car

Subrogating Rental Car Company Physical Damage and Loss of Use Claims

Auto, Med Pay, PIP, NewsletterMarch 27, 2023

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…

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Kia/Hyundai Theft

Kia/Hyundai Thefts: A Primer, Plan Forward, and Call to Action

Auto, Med Pay, PIP, Newsletter, SubrogationMarch 21, 2023

Certain 2011 to 2021 Kia and 2015 to 2021 Hyundai vehicles were designed, manufactured, and sold without an electronic immobilizer found in over 95% of other vehicles. As such, these automobiles are prone to theft. Thieves typically break a back…

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Pedestrian Crosswalk

Subrogating Pedestrian/Crosswalk Injuries and Deaths

Auto, Med Pay, PIP, NewsletterMarch 2, 2023

According to the Governors Highway Safety Association (GHSA), each day last year, twenty people were struck and killed by cars. Nearly 8,000 pedestrians were killed by vehicles in 2021 – an increase of 11.5%. This represents both an alarming public…

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South Carolina Supreme Court

South Carolina Supreme Court Says Passenger/Employee May Not Recover UM Benefits From Driver/Co-Worker Auto Carrier

Auto, Med Pay, PIP, NewsletterFebruary 27, 2023

Connelly v. Main St. Am. Group, 2023 WL 152540 (S.C. 2023) South Carolina’s Exclusive Remedy Rule has prevented an employee from collecting $350,000 in uninsured motorist benefits for injuries she sustained in an automobile accident she was in while a…

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Claims Skyrocket

Total Loss Claims Skyrocket as Vehicle Technology Makes Even Slight Damage More Severe

Auto, Med Pay, PIP, Newsletter, SubrogationFebruary 22, 2023

Earlier in my career I handled a subrogation case involving a brand-new vehicle which was lightly tapped from the rear by a careless driver. The damage to the vehicle was very minimal, yet the vehicle was declared a total loss…

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Washington

Washington Court Allows Recovery for Residual Diminished Value Following Vehicle Repairs

Auto, Med Pay, PIP, Newsletter, Property, SubrogationFebruary 17, 2023

Grothe v. Kushnivich, 521 P.3d 228 (Wash. App. 2022) One by one, states have begun to recognize a vehicle owner’s third-party claim for residual diminished value damage, or “stigma damage”, which is the loss of value of an automobile that…

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Mixed Damages

Mixed Damages and Made Whole in Iowa: Unraveling Yarn to Effectuate Recovery

Auto, Med Pay, PIP, NewsletterDecember 27, 2022

What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole. This objection overlooks…

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Money Pie

First Come, First Served: Subrogating Multiple Claims In Excess Of Policy Limits In All 50 States

Auto, Med Pay, PIP, NewsletterDecember 13, 2022

Insurance subrogation professionals are routinely faced with minimum limits scenarios which complicate otherwise straightforward subrogation cases. When a third-party liability carrier’s insurance limits are insufficient to pay the claims of multiple claimants, the carrier must begin to assess the hierarchy…

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Deer In The Headlights

Confronting The Deer In The Headlights

Auto, Med Pay, PIP, NewsletterNovember 21, 2022

One day last month our firm received three separate, unrelated subrogation claim files involving serious personal injury, property damage, and a death resulting from tractor-trailers whose drivers had lost control after serving to avoid colliding with a deer on the…

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Pedestrian Crosswalk Laws

Rise In Pedestrian Accidents Presents New Subrogation Opportunities

Auto, Med Pay, PIP, NewsletterJuly 8, 2022

A new analysis of pedestrian safety by the Governors Highway Safety Association (GHSA) reveals that pedestrian fatalities are sharply on the rise. In fact, the report reveals the astonishing news that an average of nearly twenty-two (22) pedestrians per day…

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