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Washington Court Allows Recovery For Residual Diminished Value Following Vehicle Repairs

One by one, states have begun to recognize a vehicle owner’s third-party claim for residual diminished value damage, or ‘stigma damage’, which is the loss of value of an automobile that remains after it is completely and professionally repaired. It is the loss of value that results from the simple fact that the vehicle has been in an accident.
March 9, 2023 Auto Subrogation Washington

South Carolina Supreme Court Says Passenger/Employee May Not Recover UM Benefits From Driver/Co-Worker Auto Carrier

South Carolina’s Exclusive Remedy Rule has prevented an employee from collecting $350,000 in uninsured motorist benefits for injuries she sustained in an automobile accident she was in while a passenger in a vehicle owned and driven by a co-employee.
March 6, 2023 Subrogation South Carolina

Total Loss Claims Skyrocket As Vehicle Technology Advances

Earlier in my career I handled a subrogation case involving a brand-new vehicle which was lightly tapped from the rear by a careless driver. The damage to the vehicle was very minimal, yet the vehicle was declared a total loss by my client because its frame had been ‘jiggled’ and the cost to repair the frame, together with the diminution in value of the vehicle after successful frame repair and increased salvage value exceeded the actual cash value of the vehicle.
March 3, 2023 Auto Subrogation

700K+ Nissan Rogue SUVs Recalled Over Ignition Key

Nissan has notified the National Highway Traffic Safety Administration (NHTSA) that it is recalling 712,458 Rogue and Rogue Sport SUVs in the United States over a problem with the ignition key. The key is a "jackknife" design that can collapse while the vehicle is moving, potentially causing it to shut off, Nissan’s filing states.
February 28, 2023 Auto Subrogation

Subrogation and the Gig Industry: Workers’ Compensation Subrogation, PEO, and Employee Leasing Companies

A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs -- frequently involving professional employer organizations (PEO’s) or employee leasing companies.
February 10, 2023 Subrogation

Subrogating Dog Bite Cases

One insurance company -- State Farm -- has referred to dog bites as a ‘serious public health problem.’ In 2018 alone, one carrier paid $90 million in claims on roughly 3,500 dog bite incidents
February 9, 2023 Subrogation

Honda Recalls Over 114K Vehicles For Rear Camera Issue

Honda is recalling 114,686 vehicles due to an inoperative rearview camera display that can reduce the driver’s rear visibility, increasing the risk of a crash, according to documents filed with the National Highway Traffic Safety Administration (NHTSA).
February 8, 2023 Auto Subrogation

Trial Lawyers Fail In Bid To Make Connecticut A Made Whole Nightmare

For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis -- subrogation. States such as Montana have gone so far as to hold that it is the burden of the subrogated insurance company to determine and prove that its insured has been fully made whole before it can take any action toward recovering its subrogated insurance payments.
January 11, 2023 Subrogation Connecticut

Mixed Damages And Made Whole In Iowa: Unraveling Yarn To Effectuate Recovery

What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole.
January 9, 2023 Subrogation Iowa

Mercedes-Benz Recalling 324K Vehicles Over Engine Stalling Issue

Several Mercedes-Benz model vehicles were voluntarily recalled over an issue that can cause the engine to stall while driving, according to the National Highway Transportation Safety Administration.
January 5, 2023 Auto Subrogation

High-End Houston Automotive Shop Burns With 60 Classic Vehicles Inside

At least 60 cars were inside a high-end automotive garage that caught fire Tuesday morning, the Houston Fire Department said.
December 22, 2022 Auto Liability Subrogation Texas

First Come, First Served: Subrogating Multiple Claims In Excess Of Policy Limits In All 50 States

Insurance subrogation professionals are routinely faced with minimum limits scenarios which complicate otherwise straightforward subrogation cases.
December 15, 2022 Subrogation

Ram Recalls 1.4M Pickups For Tailgate Latch Issue

Ram is recalling a total of 1,234,657 pickup trucks in the United States (plus a few hundred thousand sold outside the U.S.) to address tailgates that could pop open while driving.
December 13, 2022 Auto Subrogation

Dealership Employee Test-Driving A BMW Crashes Into House

An 18-year-old man is charged after the vehicle he was test driving veered off the road and slammed into an Elmhurst home on Monday, according to police.
December 7, 2022 Liability Subrogation Illinois

Confronting The Deer In The Headlights

One day last month our firm received three separate, unrelated subrogation claim files involving serious personal injury, property damage, and a death resulting from tractor-trailers whose drivers had lost control after serving to avoid colliding with a deer on the highway.
December 5, 2022 Auto Subrogation
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