Auto subrogationΒΆ
Domain guide
Six theories carry almost every Auto recovery. Each page states the theory as an adjuster would, the facts the engine needs, what defeats it, and a lab where you change what the carrier stated and watch the determination move.
At-fault third-party driver
The other driver's negligence caused the collision
Respondeat superior
The at-fault driver was acting within the scope of employment, so the employer is vicariously liable
Negligent entrustment
The vehicle owner let an unfit driver use the vehicle, knowing or having reason to know of the unfitness
Commercial fleet negligence
The motor carrier's own operational negligence (hours of service, maintenance, driver qualification) caused the loss, independent of the driver's negligence
Product liability (Auto)
A defect in the vehicle or a component caused or contributed to the loss; the manufacturer or supplier is the target
Governmental vehicle
The at-fault vehicle was owned or operated by a governmental entity