“It’s a lonely place under the bus all by yourself.” This saying sums up the concept of subrogation and our attempts to identify other potentially responsible parties. Subrogation describes both the legal and equitable right of an insurer to pursue a third party that caused an insurance loss to the insured. When an insurer pays a claim, the insured assigns all rights to recovery to the insurer, who may then “step into the shoes” of its insured and attempt to recover the monies paid from a third party.

However, numerous complications can arise. For example, an auto accident could have elements of negligence or strict liability on the part of the drivers, mechanics who worked on the vehicles, product liability claims for the auto manufacturer or component part manufacturers, computer programming errors, municipalities responsible for roadway maintenance or signage, etc.

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