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Check List

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To begin improving subrogation recoveries, one should start by determining the cause of the loss and then proceed according to law to prove fault with the responsible party. To improve subrogation recoveries, it is important to develop an in-depth and timely investigation. An investigation has a time dated quality. It reveals the most when it is completed close to the time of
loss. Experts state that after 2 days 25% of what is learned is retained.

Statements A good statement taken early and focusing on the subrogation potential of a claim can make or break a case. Statements help to provide a snap shot in time before memories begin to fade. Statements should always be taken from the insured and witnesses and other that were first on the scene.

Official Reports such as police and fire marshal reports can be extremely useful in a
subrogation investigation. They most always document the time and date of when the loss was reported. In most cases the report can include observations by the reporter at the time of loss.

Photographs record the appearance of the scene of a loss before it has been changed and thus they are invaluable as an investigative tool. One photo can reveal many facts that can help support a recovery argument.

Diagrams can be a useful tool in revealing the spatial relationship between items at a loss scene.

Experts such as engineers and other highly qualified people in their field can help identify product quality and workmanship issues that can impact recovery potential.

Evidence secured from the scene and properly stored to prevent contamination or diminishment can be crucial in raising the rate of recovery. This evidence should be secured with instructions from counsel 011 proper handling. It is important in some cases to provide proof that the evidence has not been altered in any way since it left the loss scene. No destructive testing should be done without first seeking advice from legal counsel. In many cases the manufacturer of a potentially defective piece of equipment may choose to be part of a physical inspection under laboratory substantially.
Evidence may also include contracts, such as repair invoices prior to and after the loss. Other issues include whether an insured waives his rights under contract before the loss. Contracts include leases, bills of lading and general bailment contracts.

Field Checklist should be distributed to all field offices to provide consistency to securing subrogation.

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