Subro Fundamentals
When both parties are partly responsible, recovery may be reduced under this fault-allocation concept.
What is comparative negligence?
If you wait too long to file arbitration, you can be barred by this legal deadline even if liability is clear.
What is the statute of limitations?
This legal doctrine requires the insured to be fully compensated before the insurer can subrogate.
What is the “made whole” doctrine?
This initial document puts a third party on notice that you believe they are responsible for a loss and that you intend to pursue a claim against them.
What is an Intent to Subro Letter?
The itemized request sent to the adverse carrier for what you paid (and often deductible) before you file arbitration.
What is a subrogation demand (or demand package)?
In a disputed lane-change, this objective evidence (if available) often carries heavy weight with arbitrators over competing statements.
What is dash cam/video evidence?
This is the data pull that can help confirm impact severity, braking, and speed—if the vehicle supports it and you can preserve access.
What is EDR/telematics data?
In an auto claim, this is the document that officially transfers ownership of a totaled vehicle from the policyholder to the insurance company, allowing the insurer to recover its salvage value.
What is a Power of Attorney (or POA)?
Subrogation may be complicated if this type of driver is involved and lacks insurance.
Who is an uninsured motorist?
This organization provides a platform for insurers to arbitrate subrogation claims.
What is Arbitration Forums, Inc.?
This type of alternative dispute resolution is commonly used in subrogation disputes.
What is arbitration (or mediation)?
Measuring and documenting these can help estimate speed and confirm braking/avoidance attempts.
What are skid marks (or tire marks)?
The insured must avoid signing this type of agreement with the at-fault party, as it may waive subrogation rights.
What is a release of liability (or waiver of subrogation)?
The insurer that initiates arbitration and seeks recovery is called this.
What is the applicant (or filing party)?
After a total-loss payout, you must account for this retained value when presenting your net claim in arbitration.
What is salvage?
The most common method used by insurance carriers to resolve subrogation disputes between themselves without the need for formal court litigation.
What is Intercompany Arbitration?
If a faulty traffic signal causes an accident, the insurer may pursue subrogation against this entity.
Who is the municipality? (or city/government agency?
The ruling that assigns liability and the amount owed between carriers.
What is an Arbitration Award?
This is evidence from a neutral source (like video or an uninvolved witness) that can outweigh two conflicting driver statements.
What is independent evidence?
If a defective tire causes an accident, the insurer may subrogate against this company.
Who is the tire manufacturer?