Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

Auto Insurer Doesn’t Have To Reimburse 100% Of Deductible In Order To Make Its Insured Whole

Most auto insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular loss against a third party and recovers its claim payments, the issue often becomes … Learn More

Another State Bans Hand-Held Devices While Driving

Georgia has joined fifteen other states which have outlawed the use of hand-held cellphones and mobile devices while driving. A new law signed by Governor Nathan Deal makes watching movies, shooting video, and even the mere “holding” of hand-held devices … Learn More

SLOWER TRAFFIC KEEP RIGHT: A Summary of State “Keep Right” Traffic Laws

It is the universal trigger and a pet peeve of millions of drivers. You’re making good time traveling 75 MPH in the left lane of a freeway with a 70 MPH posted speed limit. You tap your brakes, turning off … Learn More

Texting While Driving On The Rise Despite More Laws Banning It

It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has … Learn More

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