Subrogation Practice Areas
Subrogation Case Management for Self-Insured Claims
Recoup Self-Insured Losses Through Recovery from Third Parties
Companies that decided to forego traditional insurance coverage and instead set aside funds to cover their own losses retain the right to subrogate just as any traditional insurer would. Recovery from third parties is an important tool that allows self-insured companies to manage their exposure and ensure they are not bearing the full cost of accidents or injuries caused by third parties.
Rathbone Group assists self-insured companies with their subrogation needs with proactive, strategic case management. By identifying potential responsible parties and viable theories of recovery, Rathbone helps self-insured entities recoup losses that they would otherwise have to absorb, with possible consequences like liquidating assets, reducing workforce, or even file for bankruptcy.
Outsourcing these nuanced and often complex cases to attorneys focused on subrogation can recoup losses that can return the self-insured party to financial conditions similar to those before the loss occurred. This protects company viability and quality of coverage.
Common Applications of Subrogation for Self-Insured Entities
Self-insured opportunities to pursue subrogation recovery often occur in the context of companies with large-scale operations and significant financial assets. Recognizing these opportunities requires a thorough investigation and review of the facts of the case. Common applications of subrogation for self-insured companies include:
- Construction and facilities damages
- Employee injury claims
- Fleet and transportation losses
- Product or component defects/failures
Rathbone Group’s depth of experience with self-insured clients keeps us poised to quickly initiate a subrogation demand when the client agrees it is in their best interest. This approach helps maximize recovery potential while keeping the cost of pursuit down.
Subrogation Recovery Pursuit Coordinated With Your Internal Department
In-house counsel or your human resources department may not have time or resources to fully pursue every opportunity for subrogation. Rathbone’s experienced attorneys conduct extensive investigations of claims paid by a self-insured entity, including reviewing all physical evidence, interviewing witnesses, and reviewing any warranty, state law, or custom in the industry to maximize a self-insured company’s potential subrogation recovery.
Barriers to recovery can include damage limitation and waiver clauses in contracts, as well as a responsible party’s ability to pay if a subrogation claim were to be successful (e.g., Is the responsible party still in business? Is the responsible party in the US?). By engaging in this cost/benefit analysis, Rathbone can advise a self-insured entity if prosecuting such a recovery claim would be in their best interests. However, it is always up to the client which route to take.
Free Educational Resources About the Subrogation Process
Rathbone Group’s free educational resources can also help your organization understand how to identify, preserve, and pursue recovery opportunities. Our national subrogation legal recovery program is designed to complement any in-house or third-party administrator’s efforts in any jurisdiction.
Rathbone Group has years of experience in the recovery of self-insured claims, and our recovery program can help to offset losses using a contingency fee to contain costs. Combining cost-effective recovery strategies with a multifaceted approach to identifying assets to recover losses, Rathbone’s legal services for self-insured entities ensure your right to recover losses under a recovery theory is adequately exercised.