On Subrogation

In the world of subrogation, setting your claim up for successful litigation does not begin with the filing of a complaint. Beyond preserving evidence, there are certain statutory requirements that plaintiffs in some claims must satisfy before the suit even begins. If your claim involves a claim that a construction company or contractor failed in their responsibilities, you may have to give them a chance to fix the problem. Not every state recognizes the Right to Repair or Right to Cure, but when it comes to construction defect cases, you need to know if your jurisdiction does.

On this week's episode, Rebecca and Steve discuss the notice requirements, opportunity to inspect, and the tortfeasor's right to settle or repair a defect, and when your insured may be required to continue to work with a contractor, even after everything has gone wrong.

This week, join us as we revisit our episode on When You Don't Control Your Proof as a refresher!

Original Air Date: February 11, 2020

Plaintiffs have to be able to prove their cases. It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file. On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.

The latest connected item in the internet of things is license plates. While only available for purchase in four states, they are legal to drive with in all 50 states and allow drivers to customize their plate along with ease the registration process.

Digitizing all aspects of life typically seems enticing, but do these digital license plates call personal privacy into question? From the pros of more easily recovering stolen vehicles, to concerns about tracking movements, join Rebecca and Steve on this week's episode as they navigate this new technology.

This week, join us as we revisit our episode on The Collateral Source Rule as a refresher!

Original Air Date: January 28, 2020

It's a noun! It's an adjective! It's a rule of damages! It's a rule of evidence! The Collateral Source Rule is all of these things and more. Join Rebecca and Steve as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.

Arguments about who had the "last clear chance" get thrown around a lot in the auto subrogation world, but Last Clear Chance is a legal term of art that limits the harshness of contributory negligence rules. Whether your jurisdiction refers to it as the Doctrine of Discovered Peril, the Doctrine of Supervening Negligence, or even the Humanitarian Doctrine, the effect is the same: a Defendant cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff.

On this week's episode, Rebecca and Steve take some time to explain the elements required to successfully invoke the Last Clear Chance Doctrine. Join us to discover how and where this doctrine will allow you to recover on your claim in a contributory negligence state, and when this argument doesn't stand a chance.

This week, join us as we revisit our episode on vacating judgments as a refresher!

Original Air Date: January 14, 2020

You've worked your file, filed suit, obtained service, filed your motions, and obtained a judgment. Now, the defendant wants to get out of that judgment. Can he do that? The answer is: sometimes. Listen in as Rebecca and Steve discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next.

For more on the litigation process in subrogation cases, listen to our episodes on In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment.

It's a fear or every car owner: your vehicle has been stolen. Now, to make matters worse, it was involved in an accident. As the owner of this vehicle, can you be held responsible for the damages it caused? If you are in a state with a key-in-ignition or similar statute, the answer may be yes.

On this week's episode, Rebecca and Steve discuss how the Key-in -Ignition statutes vary from state to state, and how even owners in states without such a statute can be liable for damages caused when a thief steals their car.

This week, join us as we revisit our episode on Underinsured Tortfeasors as a refresher!

Original Air Date: December 31 ,2019

What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough? Just because the tortfeasor doesn't have enough insurance, doesn't mean the tortfeasor isn't liable for the full amount of the damages he caused. Whether it is state minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling. Join Rebecca and Steve as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess.

The so-called "Kia Challenge," popularized by the "KiaBoyz" on TikTok shot to fame on the media platform and led to hundreds of car thefts nationwide, including several reported crashes and fatalities. The viral videos challenged users to steal the vehicles using a USB charging cable. But why were they focused on these particular cars? Was there something that made these vehicles easier to steal?

On this week's podcast, Rebecca and Steve discuss the viral videos and the design aspects that caused much disarray in the automotive field. They discuss the class action lawsuit that called out this problem, the fixes required by the settlement, and what you should consider if one of these thefts comes across your desk.

This week, join us as we revisit our episode on Motions for Summary Judgment as a refresher!

Original Air Date: November 5,2019.

Can you really have a trial without a trial? With a Motion for Summary Judgment, you can. But are these motions really the dead-end that law students are often taught they are? Summary Judgment is a real mechanism that is available under the right circumstances. Listen to Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.