Med Pay and PIP subrogation remains the most prevalent, yet least understood, area of subrogation. Why not utilize the aggressive subrogation program of the subrogation firm who literally wrote the book on the subject? We are the authors of Automobile Insurance Subrogation In All 50 States, published by Juris Publishing, Inc., New York, which is considered the “Bible” for any insurance company writing personal lines or commercial automobile insurance. A complete understanding of each state’s laws to an automobile claim allows us to promptly and aggressively pursue your recovery dollars. Entrusting your auto subrogation matters to MWL means a significantly higher percentage of your claim dollars will be recovered.
MWL stands ready to flex its subrogation muscle on your behalf on files large and small. We take every file seriously – no matter the size. Auto property subrogation requires a Midas touch. You must be aggressive and proactive while understanding that you cannot spend yourself into a successful subrogation recovery. A streamlined and cost-effective approach to subrogation of these claims is necessary, which is why MWL utilizes legal assistants and reasonably-priced vendors around the country to arrive at a final result which represents more than a moral victory for our clients.
Litigation, arbitration, and handling of subrogation claims involving personal automobile, tractor-trailer, or commercial equipment collision or property damage claims, as well as associated diminution-in-value and loss of use/downtime claims in all 50 states, Mexico, and Canada. We represent our clients—including dealerships, fleet managers, trucking companies, etc.—for property damage, cargo losses, and lost profits. This also includes Med Pay subrogation and PIP reimbursement, loss transfer arbitration, and order of priority reimbursement claims. It also includes mandatory arbitration in the District of Columbia, Delaware, Illinois, Maryland, Minnesota, New York, and Virginia.
The following MWL chart provides an overview of subrogation rights for PIP and/or Med Pay-type benefits paid under the automobile insurance laws of all 50 states. This chart addresses not only the right of subrogation, but also whether and to what extent the Made Whole Doctrine affects the insurer’s right of subrogation and/or reimbursement. This chart also makes general reference to each state’s current law regarding whether it applies the Made Whole Doctrine and whether the Doctrine can be contracted away with the appropriate policy language. Whether or not the insured’s attorney, if there is one, is entitled to reduce your subrogation interest based on his attorney’s fees and costs (Common Fund Doctrine) is a separate issue which must be addressed on a case-by-case basis and is subject to the laws of the state at issue and insurance policy language.