Reference Charts

The heart and soul of our website remains our subrogation resources, and chief among these resources is our printable subrogation reference charts. Thirty-four 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

Federal, State and Local Governmental Entities

General Tort Laws/Statutes

Health Insurance Subrogation

Investigation

Product Liability

Subrogation Generally

Property Subrogation

Workers’ Compensation Subrogation

Automobile Insurance Subrogation

Automobile Total Loss Thresholds In All 50 States

Automobile Total Loss Thresholds In All 50 States

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.

Deductible Reimbursement Laws In All 50 States

Deductible Reimbursement Laws In All 50 States

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.

Diminution In Value Law In All 50 States

Diminution In Value Law In All 50 States

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 In All 50 States

Funeral Procession Laws In All 50 States

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.

Imputing Contributory Negligence of Driver to Vehicle Owner

Imputing Contributory Negligence of Driver to Vehicle Owner

This 50-state chart addresses 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.

Keep Right Traffic Laws In All 50 States

Keep Right Traffic Laws In All 50 States

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.

Laws Regarding Using Cell Phones/Headphones/Texting While Driving In All 50 States

Laws Regarding Using Cell Phones/Headphones/Texting While Driving In All 50 States

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.

Med Pay/PIP Subrogation In All 50 States

Med Pay/PIP Subrogation In All 50 States

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.

No Pay, No Play Laws

No Pay, No Play Laws

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.

Owner Liability For Stolen Vehicles In All 50 States

Owner Liability For Stolen Vehicles In All 50 States

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?

Recovery Of Sales Tax After Vehicle Total Loss In All 50 States

Recovery Of Sales Tax After Vehicle Total Loss In All 50 States

This chart covers recovery 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.

Seat Belt Defenses In All 50 States

Seat Belt Defenses In All 50 States

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.

Sudden Medical Emergencies While Driving In All 50 States

Sudden Medical Emergencies While Driving 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.

Suspension of Drivers’ Licenses In All 50 States

Suspension of Drivers’ Licenses In All 50 States

This chart details the suspension of drivers’ licenses 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.

Use of Non-Original Equipment Manufacturer (OEM) Laws and Regulations

Use of Non-Original Equipment Manufacturer (OEM) Laws and Regulations

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

Federal Government Liability And Tort Claims

Federal Government Liability And Tort Claims

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.

Municipal/County/Local Governmental Immunity and Tort Liability In All 50 States

Municipal/County/Local Governmental Immunity and Tort Liability In All 50 States

This chart deals with governmental immunity and tort liability of municipal, county, and local government in all 50 states.

State Sovereign Immunity And Tort Liability In All 50 States

State Sovereign Immunity And Tort Liability In All 50 States

This 50-state chart deals with state sovereign immunity and tort liability – the separate body of law governing state law tort claims against state governments.

General Tort Laws/Statutes

Anti-Indemnity Statutes In All 50 States

Anti-Indemnity Statutes In All 50 States

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 Laws In All 50 States

Contribution Laws In All 50 States

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.

Contributory Negligence/Comparative Fault Laws In All 50 States

Contributory Negligence/Comparative Fault Laws 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.

Dog Bite Laws In All 50 States

Dog Bite Laws In All 50 States

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.

Economic Loss Doctrine In All 50 States

Economic Loss Doctrine 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.

Parental Responsibility Laws In All 50 States

Parental Responsibility Laws In All 50 States

This chart addresses parental responsibility laws that holds parents or legal guardians responsible for property damage, personal injury, theft, shoplifting, and/or vandalism resulting from intentional or willful acts of their minor children.

Spoliation Laws In All 50 States

Spoliation Laws In All 50 States

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.

Statute of Limitations In All 50 States

Statute of Limitations In All 50 States

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

Health and Disability Insurance Subrogation In All 50 States

Health and Disability Insurance Subrogation In All 50 States

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.

Investigation

Admissibility of Expert Testimony In All 50 States

Admissibility of Expert Testimony In All 50 States

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.

Laws On Recording Conversations In All 50 States

Laws On Recording Conversations In All 50 States

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.

Product Liability

Product Liability Laws In All 50 States

Product Liability Laws In All 50 States

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.

Subrogation Generally

Anti-Subrogation Rule In All 50 States

Anti-Subrogation Rule In All 50 States

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 each state.

Exculpatory Agreements and Liability Waivers In All 50 States

Exculpatory Agreements and Liability Waivers 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.

Made Whole Doctrine In All 50 States

Made Whole Doctrine In All 50 States

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.

Medical Expenses, Insurance Write-Offs, and the Collateral Source Rule

Medical Expenses, Insurance Write-Offs, and the Collateral Source Rule

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.

Subrogation Of Criminal Restitution In All 50 States

Subrogation Of Criminal Restitution In All 50 States

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.

Summary of Wisconsin Made Whole Decisions

Summary of Wisconsin Made Whole Decisions

This document provides a summary of important Wisconsin Made Whole Doctrine decisions and a chronology of the case law on this subject.

The Societal Benefits of Subrogation

The Societal Benefits of Subrogation

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.

Property Subrogation

Condominium/Co-Op Waiver of Subrogation Laws In All 50 States

Condominium/Co-Op Waiver of Subrogation Laws In All 50 States

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.

Damage To Property Without Market Value In All 50 States

Damage To Property Without Market Value In All 50 States

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.

Landlord/Tenant Subrogation In All 50 States

Landlord/Tenant Subrogation In All 50 States

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.

Workers’ Compensation Subrogation

Documenting Workers’ Compensation Statutory Future Credits In All 50 States

Documenting Workers’ Compensation Statutory Future Credits In All 50 States

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.

Employee Leasing Subrogation Laws In All 50 States

Employee Leasing Subrogation Laws In All 50 States

This chart is an exposition of employee leasing laws. Each state varies with its application of the Exclusive Remedy Rule to situations involving employee leasing companies and temporary employees.

Workers’ Compensation Claims By Undocumented Employees

Workers’ Compensation Claims By Undocumented Employees

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.

Workers’ Compensation Subrogation In All 50 States

Workers’ Compensation Subrogation In All 50 States

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 gwickert@mwl-law.com. 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.

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