For years, disputes over sales tax in automobile total loss claims have focused on whether the insured replaced the vehicle. That framing, while convenient, has obscured a more important and recurring issue: what happens when the insured retains the salvage. Georgia’s issuance of Directive 22-EX-2 brings that question into sharper focus in at least one…
Nearly a decade ago, our firm examined the growing problem of texting while driving and the patchwork of laws attempting to address it. See HERE. Since that time, the problem has not improved. It has accelerated. The widespread adoption of smartphones, social media platforms, and ubiquitous app-based communication has fundamentally altered driver behavior, creating a…
For decades, Michigan no-fault carriers operated under a rigid, confusing, and often frustrating limitation: recovery of Personal Injury Protection (PIP) benefits was largely confined to the narrow statutory framework of M.C.L.A. § 500.3116. That statute carefully circumscribes when a carrier may obtain reimbursement of a lien against its insured’s tort recovery, and Michigan courts historically…
About seven years ago, I became fascinated with autonomous vehicles for a very selfish reason: I hated my commute. Three hours a day behind the wheel felt like wasted life. I dreamed of the day when my car would drive itself—when I could answer emails, squeeze in a workout, take a nap, or finally catch…
America is facing a rapidly worsening uninsured and underinsured motorist crisis, one that is exacting a heavy emotional, human, and financial toll on law-abiding drivers and the insurance system that serves them. Current estimates place the number of uninsured drivers at more than 30 million nationwide, meaning roughly one out of every ten vehicles on…
Progressive Garden State Insurance Company v. Allstate NJ Insurance Company, 2025 WL 2327776 (N.J. Super. August 13, 2025) The Longstanding Debate Over Med Pay Subrogation in New Jersey For years, New Jersey attorneys, insurers, and claims professionals have debated whether Medical Payments (“Med Pay”) benefits in auto insurance policies can be subrogated against third-party tortfeasors.…
Stephanie Jaster, Plaintiff-Appellant, v. Selective Ins. Co. of S.C., Defendant-Respondent., 2025 WL 1379673 (Wis. App. May 13, 2025) In a recently released Wisconsin Court of Appeals decision, Stephanie Jaster v. Selective Insurance Co. of South Carolina, the court reaffirmed a key principle in the Minnesota PIP subrogation landscape: an insurer’s failure to expressly assert subrogation…
Little by little, Alabama is letting out the line when it comes to who can recovery loss of use damages after an automobile has been in an accident. In addition to the other damages recoverable, loss of use (reasonable value of use or rental of a car while the owner is deprived of use of…
Every day we see evidence of the continuing evolution of subrogation law across our country. In many respects, we are still pioneers in this industry, as subrogation wasn’t pursued, respected, or sought after for many years, leaving many areas in our industry undecided by the courts and simply unknown. A good example of this is…
We are still years away from full implementation of true self-driving cars in the U.S., but each step we take dramatically complicates and changes the face of auto claims handling, vehicle repairs, and subrogation litigation. When catastrophic claims are paid as a result of a traffic accident resulting from a failure of an automated driving…