We represent the unique subrogation needs of automobile dealerships and fleet operators. This includes overcoming the unique anti-subrogation defenses which arise when representing dealerships and their insurance companies seeking to hold vehicle test drivers, customers, and other permissive users of the dealers’ vehicles liable for physical damage to the dealers’ vehicles and damages to third parties resulting from the negligent operation of the dealership vehicle. Subrogation against test drivers, permissive users, operators of loaner vehicles and rental cars, are the hallmark of property subrogation in the fleet context.

We have compiled bodies of law regarding rental and fleet vehicles and effectively subrogate for our clients in this area throughout North America. If you experience a large dealership, fleet, or auto auction yard flood loss, MWL has a subrogation track record sufficient to convince you that we should be your first call.

MWL also has experience handling the loss of use, diminution in value, and tow/storage claims associated with these losses. Many states have special rules and laws governing the recovery of loss of use by a rental car company or fleet operator. For example, California provides that where a waiver loss is signed, loss of use is not recoverable from a renter or authorized driver. At the same time, many states have not addressed any special rules or limitations for the recovery of third-party loss of use damages by a car rental company or fleet operator. Wisconsin law does not allow a car rental company to collect for loss of use, administrative fees, or any other charges not specifically permitted by the statute, or any amounts already collected from a renter or authorized driver. Wis. Stat. Ann. § 344.574. It does allow recovery of such damages from a third party. In some states, such as Tennessee, case law rather than statutory law provides the answer. The states vary in when/how loss of use may be recovered in the fleet context. The extent of variation makes the use of knowledgeable counsel and absolute must.

Our attorneys are experts in subrogating fleet losses and would be happy to assist you with these claims anywhere in the United States.