A detailed subrogation investigation helped challenge an initial full liability denial following an intersection collision involving an emergency vehicle, resulting in a $25,000 policy limits recovery through inter-company arbitration.
The outcome also established a stronger liability foundation for pursuing associated Workers' Compensation subrogation claims.
Case study snapshot
- Loss type: Intersection motor vehicle accident
- Client vehicle damage: $28,877
- Primary service: Subrogation and recovery
- Initial position: Full liability denial
- Recovery achieved: $25,000 policy limits award
- Arbitration cost: $42
The challenge
The client was operating an emergency vehicle with lights and sirens activated when it entered an intersection. The adverse driver stated they had neither seen the lights nor heard the sirens.
Although witnesses confirmed the emergency lights and sirens were active, and the emergency vehicle had slowed before entering the intersection, the responding officer concluded after reviewing dash cam footage that the emergency vehicle was at fault.
The adverse carrier subsequently issued a full liability denial based on the police report.
The approach
Rather than accepting the initial liability determination, the claim was investigated further.
The investigation combined:
- Applicable state legislation requiring motorists to yield to emergency vehicles operating with lights and sirens
- Witness evidence
- Dash cam analysis
- Accident circumstances and vehicle positioning
- Coverage and arbitration considerations
The investigation established a stronger basis for challenging the original liability position and supporting recovery through inter-company arbitration.
The outcome
The claim proceeded to arbitration at a total cost of only $42.
A full $25,000 policy limits award was secured, overturning the initial liability denial and significantly reducing the client's financial exposure relating to approximately $28,877 in vehicle damage.
The favorable liability determination also supported subsequent filings relating to two associated Workers' Compensation subrogation claims, which remain pending.
Key takeaway
This case demonstrates how thorough investigation, strategic decision-making and persistence can help challenge an unfavorable liability determination and maximize recovery.
By looking beyond the initial police report and bringing together statutory support, witness evidence and accident analysis, the claim achieved a successful recovery despite the original full denial of liability.
Access the full case study
The full case study provides further detail on the investigation, evidence and arbitration strategy that supported the successful recovery.
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