On Subrogation Rathbone Group, LLC

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.