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Subrogation

SUBROGATION CLAIM HANDLING

AUTO & PROPERTY

Files sent to Ross & Suchoff, LLC for handling have usually been worked by the carrier who sent them so we place the claims into suit as soon as they are received.  A typical claim will be handled as follows:

 

1.  Review Claim - When the new assignment is received Mr. Suchoff reviews every file to make sure of a number of things including: Do we have all the information needed to commence an action?;   Is it economical for the client to have the firm commence an action based on the size of the claim and liability?; Is the adverse party actually an arbitration member so that the case should be placed into arbitration?

 

2.  Scan and File Number - File is then assigned a file number and scanned into the firm computer system.

 

3.  Letters - The following letters are then written (within 5 days of receipt of the claim):

    

     A.  Acknowledgment letter to client;

     B.  Claim letter to adverse party(s); and

     C.  Letter to insured telling them the claim was assigned to the firm.

 

4.   Suit - Legal Papers are drafted and sent to be filed and served.  This process is as follows:

 

      A.  A letter with a copy of the complaint will be sent to the client along with a bill for disbursements (see Disbursement Billing Attached);

      B.  Client is notified when Complaint is served;

      C.  Client is notified when an answer is received from Adverse;

      D.  Once answer is received discovery is completed and the case is placed on the trial calendar;

      E.  Case is either settled or tried, if it has to be tried we will notify and gather all witnesses and evidence that are needed.

      F.   If adverse never answers we will enter a default judgement and have the adverse license and registration suspended and revoked until such time as they satisfy the judgement.

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