Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

Uber, Lyft, And New York Loss Transfer

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer has arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 … Learn More

Hawai’i’s PIP Subrogation DUI Loophole

The law of physics known as the “Uncertainty Principle” states that the position and velocity of an object cannot be measured exactly, at the same time, even in theory. The reason for this is that any attempt to measure precisely … Learn More

Owner Liability For Damage Caused By Stolen Vehicles

A car slams into a number of other vehicles stopped at a red light, only to quickly flee the scene. This fact scenario almost always involves operating under the influence or a stolen vehicle. In the case of a stolen vehicle, rarely is … Learn More

Tesla And Liberty Mutual Offer New Autonomous Vehicle Coverage

As you may know, Gary Wickert recently appeared on a national radio program, hosted by Larry Cohen. The program, which was produced by Ringler Radio and entitled “Driverless Car Litigation”, focused on the ever-changing intersection between the exploding industry of self-driving … Learn More

Subrogating Against Suicide

Your insured’s eighteen-wheeler is struck head-on by another vehicle travelling at a high rate of speed, resulting in significant medical expenses to your insured driver and a passenger, as well as considerable property damage to your insured’s vehicle. The tortfeasor died … Learn More

Enhanced Underinsured Motorist Coverage Now Offered In Maryland

Beginning July 1, 2018, Maryland auto insurers issuing new policies will be required to offer enhanced underinsured motorist (“EUIM”) coverage in place of the uninsured motorist (“UM”) coverage required under § 19-509. Md. Code Ins. § 19-501.1(d). Unlike UM coverage, EUIM … Learn More

New Orleans Area Massive Roofing Nail Spill on Interstate Results in Hundreds of Property Insurance Claims

On September 26, 2017, a truck spilled thousands of roofing nails on Interstate 10 in Metairie, Louisiana (a suburb of New Orleans). Hundreds of vehicles rolled over the nails and sustained punctured tires, resulting in replacement of tires that may … Learn More

Use Of Aftermarket (Non-OEM) Crash Parts In Repair Of Damaged Vehicles

According to a 1999 study commissioned by the Alliance of American Insurers (AAI), if you were to build a $25,000 vehicle using only Original Equipment Manufacturer (OEM) parts, it would cost you over $100,000. When repairing vehicles damaged in accidents, … Learn More

Illinois’ Mandatory Arbitration Law Repealed

Mandatory Arbitration of Auto Physical Damage Claims Now a Thing Of The Past  The game of musical chairs regarding the Illinois law that requires mandatory arbitration of auto physical damage subrogation claims is finally over. The music has stopped and … Learn More

Seat Belt Defense In All 50 States

Subrogation professionals must become familiar with an increasingly used defense in the litigation of auto insurance subrogation cases. Even if the insured is totally free from fault in the operation of the insured’s auto, not wearing a seat belt could … Learn More