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What is Subrogation?

Subrogation is a legal doctrine which states that the wrongful acts of a third party which cause damages to an insured should not be excused or released simply because an insurer ‘steps in the shoes’ of the wrongdoer and pays their insured for the damages. Subrogation allows insurers to pursue the wrongdoer in order to collect back the monies paid to an insured as a result of the wrongdoer’s negligence. The recovery of subrogation dollars from the wrongdoer or from the wrongdoer’s insurance carrier plays a vital role in reducing the cost of insurance premiums.

Subrogation

The Wilber Law Firm is devoted to recovering subrogation dollars on behalf of our respected clients. Our experienced and knowledgeable Subrogation Department has been very successful in recovering subrogation dollars for our clients. This includes recovery efforts in these areas: personal and commercial auto, personal and commercial property damage, UMPD/UMBI, homeowners, workers compensation, fiduciary/surety bonds, medical payment coverage (MPC) and person injury protection (PIP) benefits. We also pursue recovery of mistaken payments, deductibles, premiums, cargo damage and unpaid freight bills. Through continuing education in the field of subrogation, our staff is committed to efficiently, ethically and expeditiously obtaining maximum subrogation recoveries for our clients.

Restitution

Restitution occurs when a criminal is ordered by the courts to repay the victim for the damages he/she causes as a result of a criminal act. It takes skill, determination and diligence to make sure a criminal debtor pays his court ordered debt (restitution). Our Restitution Specialists will promptly notify the courts of our client’s claim for restitution and then make immediate contact with the debtor or his/her probation officer in order to get the restitution paid. Our Restitution Department is well versed in the art of skip tracing, contacting police departments and courts, negotiating with probation officers, obtaining restitution information from local and state’s attorneys and locating the criminal debtor to ensure we recovery our client’s restitution dollars.

Arbitration

The Wilber Law Firm is prepared to accommodate your applicant or counter-applicant’s arbitration needs. Our experienced arbitration staff can prepare and file your automobile, medical payment, personal injury protection, property and special arbitrations. We are proud of the success our Arbitration Department has had in receiving favorable awards from Arbitration Forums and NAMIC.

Uninsured Subrogation and Debt Collections

Our experienced team of collectors endures rigorous training in the rules of the collection business as outlined by the American Collectors Association (ACA) and the Fair Debt Collection Practices Act. We provide continuous training to our collection staff to ensure that they remain up-to-date and familiar with the federal and state rules that govern the collection industry. Our goal is to aggressively pursue the uninsured wrongdoer or debtor so we can collect the most dollars in the shortest amount of time for our clients. We use the best skip tracing and asset searching databases. Once we locate the uninsured wrongdoer or debtor, we make contact with him/her and seek payment in full. If the financial situation prevents him/her from paying the full amount at once, we contact our client to discuss the options of a payment plan or a reduced settlement. If the uninsured wrongdoer or debtor refuses to make payments, we will take the necessary legal steps to suspend the driver’s license and/or obtain a judgment, if applicable.

Legal Forwarding Department

After all recovery efforts have been exhausted, we can ‘forward’ a file to one of our qualified subrogation attorneys to file a lawsuit against the at-fault party. We always obtain our client’s consent before proceeding with litigation. Before a file is sent to litigation, it must meet certain criteria. We check to verify there is a good address for the debtor and also if the debtor has any assets. We also determine if the debtor has any judgments or any other liens against them. The balance should be over $2,500.00 with solid facts and proof supporting the case. We provide this information to our clients so they can determine if they want to proceed with litigation. If so, we ask the client for court costs and their legal name. Once we have received those items, the file is forwarded to one of our subrogation attorneys. We then continue to monitor the file. We make sure suit has been filed and obtain a case number. After a reasonable time, we make sure the debtor is served. We follow the case right along with the forwarding attorney. The attorneys are not to contact your office for information as we handle all of that for you. We will contact you when a settlement offer is made, if there is a concern found on a particular file or if additional costs are needed. We have an extensive list of subrogation attorneys in all fifty states and keep an updated copy of their malpractice insurance in their file.