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This week, join us as we revisit our episode on Water Losses for a refresher! Original Air Date: February 18, 2022. Whether a slow drip or a sudden household flood, water can be a surprisingly damaging source of property damage. Factors such as product or material defects, negligent installation, frozen pipes, or roofing flaws are just come of the culprits that can cause major damage to a home.  But who remains responsible when these unfortunate occurrences overflow? This week, Rebecca and Steve dive deep into cases of water damage and discuss exactly who remains responsible in each circumstance. Listen in and soak up this information so you're not drowning in questions when water wreaks havoc.

Just as in practically all aspects of day-to-day life, AI has become an increasingly prevalent tool within the legal profession, with tools extending beyond general productivity to legal research, document analysis, and claims management. Specifically, within the insurance subrogation practice, AI has the potential to assist insurance claim representatives, professionals, and attorneys in nearly all aspects of a subrogation claim. However, as the use of these technologies continues to expand, courts and regulatory bodies have begun to encounter a wide range of misuse. On this week's installment, join Rebecca and Steve as they update our early episode on AI and take a look at where we are in this world.  Listen in to examine the benefits of AI in insurance subrogation, cringe along at  examples of misuse, and hear about best practices while learning the risks associated with relying too heavily on these tools.

This week, join us as we revisit our episode on Restitution and Recovery for a refresher! Original Air Date: January 21, 2022. Sometimes a tortfeasor's biggest issue isn't your subrogation claim, it's that his actions were more than negligent…they were criminal. If a criminal has already been convicted of the crime that caused your damages, recovery should be a simple next step, right? Not necessarily. On this week's installment, Rebecca and Steve discuss restitution, which forces a convicted person to repay money damages caused by criminal acts. Restitution enforcement laws vary from state to state and recovery may not come as easily as one would expect. Listen in to learn how an insurer can seek restitution and recover damages ordered via restitution.

PIP rules differ from state to state, especially when it comes to how insurers can seek reimbursement for the benefits they have paid.  On this week's episode, Rebecca is joined by Jason Sullivan, RG's partner who manages the firm's Florida litigation, to take a closer look at the ins and outs of subrogation of Florida PIP.  Listen in to learn how no fault the right to recovery really is, when it comes to commercial vehicles, anyhow, and who is potentially responsible for the repayment of PIP benefits when it comes to Florida subrogation losses.

This week, join us as we revisit our episode on No Fault/PIP for a refresher! Original Air Date: March 12, 2019. What does it mean to be in a No Fault state?  Does it really mean no one is at fault?  Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn't mean without fault, damages may not be damages, and being a "PIP squeak" is problematic.

Not every injury in a motor vehicle accident is caused by the crash itself. Under the crashworthiness doctrine, manufacturers may be held liable when a vehicle's design or a defective safety feature increases the severity of the injuries during an otherwise survivable collision. On this week's podcast, Rebecca and Steve break down the fundamentals of crashworthiness claims and specific cases that arose from it. Tune in as we explore how the crashworthiness doctrine means that while accidents are not planned, planning for motor vehicle collisions requires manufacturers to design for safety.

This week, join us as we revisit our episode on Deceased Defendants as a refresher! Original Air Date: January 7, 2021 It's an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before suit is instituted to recover damages. Though this can prove to be a frustrating situation, the claim lives on even if the tortfeasor does not. On this week's installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed.

Each year, thousands of collisions result in injuries or deaths that could be mitigated by collision avoidance technologies.  From basic forward collision warning systems to it's a Teslas with autonomous driving modes to self-driving robo-taxis, automated technologies are becoming more and more common across vehicle types.  But how do these new and evolving technologies impact civil law suits? The answer is, unlike these vehicles, not so automatic. On this week's episode, Rebecca and Steve discuss the ever-evolving driver assistance technologies and how they have changed the landscape of automobile negligence claims to encompass issues of defective design and failure-to-warn claims, in addition to simple driver negligence.

This week, join us as we revisit our episode on If Cars Could Talk as a refresher! Original Air Date: December 10,2021. Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision.  But what if the cars could talk?  Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can.  These technologies record a lot of data about what happened, and what didn't happen, at the time of an accident – but can they help your subrogation claim? On this week's installment, Rebecca is joined by Eric McDowell, Project Engineer at Impact Analysis, Inc. who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it.  Listen in to learn how these technologies can benefit your subrogation case.

Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver's focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver? On this week's episode, follow Rebecca and Steve and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case.

This week, join us as we revisit our episode on Common Fund Doctrine as a refresher! Original Air Date: November 21,2021. The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly.  Those who will benefit from the common fund of the recovery must share in the cost of obtaining it.  Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason.  On this week's installment, Rebecca is joined by fellow attorney, Jason Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.

Everyone from your parents to your coworkers to local small businesses has some sort of presence on the internet,  but can you use social media to locate tortfeasors in your lawsuits?  Is social media an easy way to track down your defendants? The answer depends on the jurisdiction, and whether or not the courts there think that the social media company is shielded by the Stored Communications Act.  On this week's episode, Rebecca and Steve discuss obtaining information from social media companies, and how different jurisdictions apply the Stored Communications Act to social media companies and the information they possess, as well as steps to prepare subpoenas and the information that is required for a successful request

This week, join us as we revisit our episode on Post-Judgment Executions as a refresher! Original Air Date: October 29,2021. You've fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle. In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week's installment, join Rebecca and Steve as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant.

Mediation is a powerful tool in the subrogation process, offering a strategic opportunity to resolve claims efficiently while minimizing litigation costs. On this week's episode, Rebecca sits down with Matt Arriaga, Certified Mediator with Arriaga Mediation, PLLC, as he details his career path and how years in the courtroom led to a private mediation firm. Matt explains how a good mediation can benefit both parties over litigation, personally and financially, and why a good mediator, like a good therapist, can lead to a successful outcome.

This week, join us as we revisit our episode on Arbitration and Post Decision Inquiries as a refresher! Original Air Date: October 15, 2021. When a liability decision cannot be determined between insurance companies, carries often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effective and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily. On this week's installment, Rebecca sits down with arbitration attorney, Ana Zgela, to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award.