Subrogation Practice Areas
Subrogation Case Management for Self-Insured Claims
Using a self-insured retention or large deductible policy does not require absorbing losses as a cost of doing business. Rathbone Group’s recovery team works with your internal departments to recover from tortfeasors.
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, therefore, is an important tool allowing self-insured companies to manage their exposure and ensure they are not bearing the full cost of accidents or injuries caused by third parties.
Recoup Self-Insured Losses Through Recovery from Third Parties
Rathbone assists self-insured companies with their subrogation needs. By identifying potential responsible parties and viable theories of recovery, Rathbone helps self-insured entities recoup losses that they would otherwise have to endure themselves, possibly leading them to have to liquidate assets, reduce 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.
Coordinated Recovery Pursuit 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 endeavor to conduct an extensive investigation of any claim paid by a self-insured entity including reviewing all physical evidence, interviewing witnesses and reviewing any warranty or state law or custom in the industry to maximize a self-insured company’s potential subrogation recovery. Rathbone also analyzes the potential costs involved in the pursuit of such a claim and any barriers which might bar a successful recovery claim.
Experience with Defenses in Self-insured Recovery
Such barriers would 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 (i.e. is the responsible party still in business, is the responsible party in the US). By engaging in this cost/benefit analysis, Rathbone can timely advise a self-insured entity if prosecuting such a recovery claim would be in their best interests.
Free Resources to Educate on Recovery Opportunities
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.