The heart and soul of our website remains our subrogation resources, and chief among these resources is our printable subrogation reference charts. Thirty-five years of subrogation experience means a lot of subrogation questions in 50 or more different jurisdictions. Over the years, we have compiled charts showing the laws in all 50 states on some of the more demanding, confusing, and changing areas of subrogation, and we provide those for you here as concisely and accurately as is possible. Please remember that many areas of the law do not lend themselves to easy-to-read charts. If they did, you wouldn’t need lawyers. These charts are updated often, some more than others, so we recommend checking back regularly to compare the “Last Updated” date found on each of the charts to determine if you have the most current version of the chart.
Automobile Insurance Subrogation
This Automobile Total Loss Thresholds In All 50 States chart will help take the guess work out of when and whether a vehicle involved in a collision is considered “totaled” for first-party insurance purposes.
This chart provides deductible reimbursement laws and regulations for auto and property subrogation regarding whether a subrogated carrier has a duty or obligation to reimburse any or all of its insured’s deductible before it can subrogate or seek reimbursement.
What is diminution in value? When a car is damaged in an accident and then repaired, it may result in a reduction or “diminution” in the vehicle’s resale value. Subrogation adjusters need to know when and how state laws deal with diminution in value. This chart summarizes of how the first-party and third-party issue is treated in all 50 states.
Funeral procession laws – confusion abounds regarding when and whether a motorist in a funeral procession can run a red light. This 50-state chart provides an understanding of how funeral processions affect the legal rights and remedies of motorists and their insurers.
This 50-state chart addresses imputing contributory negligence of the driver and whether, and under what circumstances, the contributory negligence of a permissive user/driver of a vehicle will be imputed to the vehicle’s owner to defeat or reduce the owner’s recovery when the owner sues the driver of the other vehicle involved in the collision.
A growing number of U.S. states are passing traffic laws that regulate driving in the left-hand lane. This chart summarizes the law regarding traveling in the left-hand lane on a highway or interstate – better known as Keep Right Traffic Laws.
This chart summarizes the laws on using cell phones and texting while driving, as well as hand-held electronic devices, use of headphones, or other devices which would impair a driver’s attention or hearing.
Recovery of loss of use is a key element of auto property subrogation. States differ as to whether and when a vehicle owner is allowed to recover the value of loss of use of a vehicle as an element of damage from a responsible tortfeasor during the period of time the vehicle is being repaired or replaced. This chart covers the ability of a vehicle owner (or a subrogated carrier) to seek recovery of damages for third-party loss of use.
This 50-state chart provides an overview of Med Pay PIP subrogation on benefits paid and to what extent the Made Whole Doctrine affects the insurer’s right of subrogation and/or reimbursement and whether the doctrine can be contracted away with policy language.
This chart details individual state laws regarding No Pay No Play laws and its exceptions. A number of states have passed these laws to limit the compensation for drivers without auto insurance by not allowing them to benefit from someone else’s compliance with the law when they deny that benefit to others.
This chart provides the laws in all 50 states on owner liability for stolen vehicles. Who pays damages your vehicle causes after it is stolen?
This chart covers payment of sales tax after vehicle total loss. There are two types of claims that can be made following a total loss accident, both are covered in this chart: first-party claims and third-party claims.
This 50-state chart is an amalgamation of pedestrian and crosswalk laws that regulate the relationship between and the duties of motor vehicles and pedestrians crossing the street, including Distracted Walking Laws and White Cane Laws. It should be remembered that individual cities and villages may also have ordinances which affect the duties and liabilities of drivers and pedestrians.
This chart addresses both the right of a car rental company or other lessor of vehicles to recover physical damages and loss of use damages directly from the renter—which would be considered a contractual claim governed heavily by the terms of the rental agreement and applicable state law—and recovery from third-party tortfeasors, negligent drivers, or other actors who cause damage to a rental car.
Claims and subrogation professionals must be familiar with the law in a particular state which affects whether a rental car company’s liability policy or the renter’s personal auto liability policy will be primary when the renter causes an accident resulting in personal injury or property damage. This area of the law creates a great deal of confusion because many consumers are unsure what is covered by their own personal policy when they rent a car and are asked if they want to buy insurance or the collision damage waiver. This chart concerns itself only with liability insurance provided by the car rental company.
Being familiar with the seat belt defense, its applicability in a particular jurisdiction, and some rather cutting-edge arguments with which to diffuse it, will go a long way in bolstering your negotiating strength and your overall subrogation recovery. This chart covers seat belt defenses in all 50 states.
This chart summarizes law on sudden medical emergencies while driving, as well as basic law of negligence and defenses available when a driver claims to have sustained a sudden medical emergency resulting in loss of control of vehicle that causes damages.
This chart details the driver’s license suspension laws, regulations, and procedures. Each state has different requirements that must be met before you can suspend the driver’s license of an uninsured tortfeasor who caused personal injury or property damage while driving a vehicle.
There are two kinds of counties in Texas when it comes to auto/livestock cases. Those counties who have adopted “stock laws” and those who have not. The default rule in Texas is that the State is open range, meaning that absent an exception, land in Texas is considered open range. This chart summarizes Texas stock laws by county based on information publicly available.
The laws regarding and regulations overseeing the use of non-OEM parts in repairing damaged vehicles are confusing and inconsistent. This 50-state chart sheds light on how states regulate and govern the use of such parts.
Federal, State and Local Governmental Entities
This 50-state chart covers federal government liability and tort claims under the Federal Tort Claims Act (FTCA), which makes the federal government liable for certain torts and actions of its employees.
This chart deals with governmental immunity and tort liability of municipal, county, and local government in all 50 states.
Sovereign or governmental immunity concern themselves with the various legal doctrines or statutes that provide federal, state, or local governments immunity from tort-based claims, as well as exceptions to or waivers of that immunity. This 50-state chart deals with state sovereign immunity and tort liability, which is the separate body of law governing state law tort claims against state governments.
General Tort Laws/Statutes
This chart is a general summary of the anti-indemnity statutes and laws. Understanding the variety of anti-indemnity statutes encountered from state to state along with their interaction in a multi-state economy is a necessity for claims professionals.
Contribution is subrogation’s cousin. Liability claims departments should work closely with their subrogation departments and/or qualified subrogation counsel in order to uncover, recognize, and act on rights of contribution they may have. This chart will clarify contribution laws and rights that may exist in all 50 states.
This chart deals with Contributory Negligence Comparative Fault Laws. It helps define whether a state is a contributory negligence state or a comparative negligence state or is it a pure comparative or modified comparative state, which will assist in evaluating subrogation potential where there may be contributory negligence on the insured’s part.
This chart summarizes dog bite laws regarding the liability of a dog owner for personal injuries or property damage caused by a dog attack or bite in all 50 states.
This chart defines the Economic Loss Doctrine, including what purpose it serves, what you need to know about it, and how each state interprets and utilizes the Economic Loss Doctrine.
This chart addresses parental responsibility laws that hold parents or legal guardians responsible for property damage, personal injury, theft, shoplifting, and/or vandalism that result from intentional or willful acts of their minor children.
This chart is a compendium of spoliation laws for the states that have examined the issue of spoliation. The majority of states that have examined this have preferred to remedy spoliation of evidence and the resulting damage to a party’s case or defense, through sanctions or by giving adverse inference instructions to juries.
A statute of limitations specifies a time period for commencing suit on a given claim that begins to run, or is triggered, when the cause of action accrues. When a cause of action “accrues” generally depends on the particular state involved, but it is usually when an accident occurs or when a claimant “discovers” the resulting injury. This 50-state chart covers the Statute of Limitations in regards to personal property, personal injury, warranty, strict product liability, and statute of repose.
Health Insurance Subrogation
This 50-state health and disability insurance subrogation chart identifies critical legal questions faced by occupational accident practitioners, including whether and to what extent you can subrogate occupational accident coverage in each state.
The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. This chart details the law regarding the admissibility of expert testimony.
This 50-state chart depicts the laws dealing with recording conversations and phone calls. You must be aware of each state’s laws when recording conversations while investigating a subrogation claim or conducting interviews of injured claimants.
Whether or not a third-party liability insurer has a duty to reveal its liability policy limits to a third-party claimant even before a lawsuit is filed is a highly controversial and widely misunderstood issue in the field of insurance law. This 50-state chart concerns itself only with the duty to reveal liability policy limits in third-party cases in which suit has not yet been filed.
This chart summarizes the various product liability laws, allowing a user to quickly reference product liability topics by state and to compare states’ laws side by side.
The Anti-Subrogation Rule (“ASR”) is a common law defense to subrogation. It states that a subrogated insurance company standing in the shoes of its insured cannot bring a subrogation action against or sue its own insured. This chart provides an overview of the ASR generally, as well as the nuances of its application in all 50 states.
This chart provides a general summary of how exculpatory agreements and liability waivers are treated in all 50 states. Exculpatory agreements are often accompanied by such contractual risk management tools as indemnification agreements, covenants not to sue, a severability clause, a venue and jurisdiction clause, a mediation/arbitration provision, and an assumption of risk statement. Interpreting the interplay between all these usually requires engaging qualified counsel.
This 50-state chart is a compilation of summaries of the law with regard to the Made Whole Doctrine and its applicability to subrogation generally. With the Made Whole Doctrine affecting every line of subrogation, understanding each state’s made whole laws is vital to a successful subrogation result.
This chart provides an overview as to the law regarding the pleading, proof, and recovery of past medical expenses that have been fully or partially paid by collateral sources such as private insurance.
This chart covers subrogation of criminal restitution laws. Subrogated carriers often overlook the possibility of obtaining court-ordered restitution from a criminal defendant as part of their sentencing, which usually hinges on whether the state involved has defined “victim” to include indirect victims such as insurance companies.
This document provides a summary of important Wisconsin Made Whole Doctrine decisions and a chronology of the case law on this subject.
This is an article on the societal benefits of subrogation that covers the origins and purpose of subrogation, defines and explains the three types of subrogation and how each comes into play, how subrogation helps lower insurance premiums, reduces the number of lawsuits for insurers, and it’s effect on the Experience Modification Factor.
With regard to condominium/co-op waivers, effective subrogation of these claims requires an understanding of the biggest obstacle to successful recovery efforts – a waiver of subrogation provision. This chart contains a general overview of state law regarding waivers of subrogation in condo and/or co-op by-laws, leases, and insurance policies.
This damage to property without market value chart depicts the law in all 50 states with regard to the award of damages to personal property without a typical market value.
This chart represents an overview of how each state handles general contractor overhead and profit payments in first-party ACV property damage claims, providing some guidance to claims professionals simply looking to pay what they owe, and no more. It provides the available state law and precedent regarding the inclusion, quantification, and potential depreciation of general contractor overhead and profit in ACV calculations.
This 50-state chart summarizes landlord tenant subrogation laws. Understanding when, where, and why subrogation actions by a landlord’s insurer against a tenant are permitted or prohibited is critical to maximizing property subrogation recoveries.
This chart is a summary of regulations or laws in all 50 states regarding the matching issue in the payment of first-party insurance claims. The chart focuses on homeowners’ property claims and only tangentially discusses commercial property policies/claims, although if law regarding a commercial policy is all that is available, it is included.
Workers’ Compensation Subrogation
This 50-state chart focuses on documenting workers’ compensation statutory future credits and provides details on how to document your future credit with the appropriate Industrial Accident Board, Workers’ Compensation Division, or applicable state agency.
This chart reveals the current state of the law in all 50 states regarding whether a state allows a workers’ compensation subrogation waiver endorsement and the effect such a waiver has if it is enforceable.
This chart is an exposition of employee leasing subrogation laws. Each state varies with its application of the Exclusive Remedy Rule to situations involving employee leasing companies and temporary employees.
This chart is a great starting point to assist insurance professionals and lawyers in understanding each Florida counties’ hospital lien filing requirements is a chart detailing those requirements in all 67 counties.
Hospital liens are also often referred to as “health care provider liens” or “medical liens.” Hospitals or other health care providers are generally allowed to perfect this special lien against any lawsuit, claim, or recovery a patient has against a third-party tortfeasor responsible for causing an injury. Each state has different procedures and requirements for the establishment and enforcement of these liens. The following chart provides a summary of the hospital lien laws in all 50 states.
This chart details the law in every state with regard to when and whether an employee can proceed with a lawsuit against an employer whose intentional act has resulted in a work-related accident. It also contains any available law or precedent with regard to whether the workers’ compensation carrier is also entitled to be reimbursed from such a tort recovery for its workers’ compensation lien.
This chart details the existing law and precedent regarding the effect of a wrap-up insurance program (such as an OCIP or CCIP) on the third-party liability of potential tortfeasors other than the actual employer, and whether the state’s laws grant the owner, contractor, or other subcontractors within the wrap-up program to be “statutory employers” worthy of exclusive remedy protection against third-party liability. This chart does not discuss or deal with the effect of employee leasing and/or temporary employment services, and/or Professional Employer Organizations (“PEO”) situations.
This chart is a summary of current law across all 50 states governing the ability of an employer to recover the burdensome cost of increased workers’ compensation insurance premiums from a responsible tortfeasor following an on-the-job accident resulting from the negligence of the tortfeasor. Every state is different, and some states have not addressed the issue at all in legislation or case decisions.
In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ comp carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, rehabilitation benefits, third-party vendor costs, nurse case management fees, workers’ comp case attorneys’ fees, and the like in conjunction with the handling and adjusting of workers’ comp claims. Which of these benefits are recoverable in workers’ comp subrogation remains a point of considerable confusion and contention. This chart provides definitions, explanations, and arguments which can be used when the issue of which “benefits” can be subrogated has not been established already.
This 50-state chart covers the law with regard to workers’ compensation claims by undocumented employees and whether undocumented immigrants are entitled to receive workers’ compensation benefits when they are injured while on the job.
This chart summarizes each state’s workers’ compensation subrogation statute, the ability to sue the third-party directly, intervening, recovering UM/UIM benefits, medical malpractice, legal malpractice, recovery limitations, employer negligence, attorney’s fees, future credits, auto no-fault laws, and personal injury statute of limitations.
The laws of subrogation are in a constant state of flux and change. Every attempt is made to keep our charts and resource materials updated with the most accurate case law, statutory law, and interpretations thereof. If you should notice an inaccuracy or a change in the law that has occurred but is not yet reflected in one of the charts, please contact Gary Wickert at [email protected]. The information and research contained in these charts should not be construed as legal advice or relied upon as a substitute for engaging subrogation counsel and receiving advice personally within the confines of attorney-client relationship. Utilizing MWL’s online subrogation resources does not in any way establish an attorney-client relationship.