This article is a companion piece to this video
When does a subrogation investigation require chemical analysis? In the above special episode of On Subrogation: Subro LIVE! – Chemicals Can Tell the Story, RG subrogation attorney Rebecca Wright talks with President of Ebatco, Dr. Dehua Yang, a physical chemist specializing in chemical component analysis, as it applies to subrogation claims.
The Value of Chemical Analysis in Proving a Subrogation Claim
If chemicals are in any form part of your subrogation investigation scene – don’t miss out on or discount the stories they can tell. Let us not forget that there is a wide range of possibilities of what may constitute chemical evidence at an investigation scene. This could be a gas or liquid emitted from a machine, solid matter transported by vehicle, or really any substance which is a key component to what happened or went wrong. The information they hold is not always visible to the naked or untrained eye, yet can be invaluable to finding the truth.
Rebecca talks with Dr. Yang about a current subrogation case she is managing:
“I have a case right now that involves an insured who was driving down the roadway when he came across some oil that had been spilled on the road. Now, the oil had been spilled by a truck driver, who noticed he was spilling oil, and dutifully pulled his truck over and says he applied a chemical to the surface of the oil spill that is supposed to reduce the slickness of the spill. Now, he discarded that chemical container; our insured says that he skidded anyway.”
Rebecca’s then asks Dr. Yang, “So, if I were to send you samples that were collected from that roadway spill, would you be able to help me with my case?”
Dr. Yang explains several components of the road and oil spill that he would analyze to determine the truth of the matter, including comparing the chemical composition of the road and the spill to what the known chemical composition of the spill treatment the truck driver supposedly used.
To isolate the different chemicals, Dr. Yang uses methods like microscope analysis, spectrometry, infrared analysis, and others that help identify organic vs inorganic materials and isolate different chemicals. Due to energy output and decay of active chemicals, he says they are also able to determine if the chemical treatment was expired, and concentration ratios can also offer other insights, like whether the chemical treatment was mixed or diluted.
This means that chemical analysis can not only determine if the truck driver was telling the truth, but also if there may be a negligence claim for failing to keep up on expiration dates or diluting said chemical treatment. Both evidences can prove invaluable in a subrogation claim like the one Rebecca posited. If chemicals are present in the incident at hand, you should consider leveraging scientific expertise to eliminate inaccurate defenses and determine the true cause of loss.If you would like to learn more about chemical analysis, Ebatco provides educational videos on their website. And if you are interested in more information on the field of subrogation, visit Rathbone Group’s YouTube channel, blog and podcast library for more On Subrogation, where our attorneys break down complex subrogation topics into digestible discussions. Have a topic in mind we haven’t yet covered? To suggest a question for a new episode, email us at [email protected].