Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

Uninsured Motorist Subrogation: Pursuing The Uninsured At-Fault Driver

“Is the Juice Worth The (Florida Orange) Squeeze?” Carriers and adjusters are all too familiar with the “Judgment Proof Uninsured At-Fault Motorist.” Unless your insured happened to be driving in the Tampa area and was t-boned by Tom Brady, the … Learn More

New Maryland Law Encourages Drivers To Drive Without Insurance

There is a pandemic afoot that may rival COVID-19 in the amount of destruction it leaves in its wake. Nearly one U.S. driver in eight is speeding around on American roads and highways without any liability insurance. Even though every … Learn More

The Adventure of Subrogation Investigation

“Mr. Sherlock Holmes – You could not possibly have come at a better time!” the claims adjuster exclaimed. “This vehicle accident is a typical ‘he said, she said’ situation. Both drivers claim to have had the green light and there … Learn More

Florida’s Subrogation Trap

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the … Learn More

Florida PIP Subrogation And The Mysterious Commercial Vehicle Exception

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect … Learn More

Florida PIP On The Chopping Block Once Again

In 2014, Florida surpassed New York becoming the third-most-populous state in the nation, and as of last year has an annual $1 trillion Gross Domestic Product (GDP) making it the 17th largest economy in the world. What happens in the … Learn More

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