Get Your Attorney Involved in Subrogation Reduction

 
So, after all your pain and suffering, you ended up with less than 16 percent of the award. How and why did that happen?
 
The answer is that you were not a member of SettlementCentral.Com and you did not negotiate with your attorney to pursue a subrogation reduction as his required work. A half-hearted effort in this respect will not suffice. He has to argue in letters and present the Mahler rationale. He has to threaten Insurance Commissioner complaints, if need be, and arbitration, if available. As a last resort, he has to threaten to sue the insurance company.
 
His goal ought to be to achieve a Mahler case formula contribution to costs and fees. If the company will not agree, he ought to be able to compromise. If the matter is disputed, your insurance company cannot be allowed to claim that this will be resolved in arbitration. You can help your attorney by showing him some of these materials. For instance, you might download and offer him a copy of the Attorney's Letter to Insurance Carrier for a Reduction in PIP Subrogation. >125 unused
 
If the insurance company agrees with the Mahler formula, the amount of its contribution to fees and costs would be computed as in the Mahler Computation. Coming soon If they won't agree, the best your attorney will probably do, without arbitration, is to negotiate a 28 percent reduction in the PIP balance owing. However, even if he can only get the insurance company to agree to a 25 percent reduction, you will see more of your gross award than if there had been no negotiation. In the sample case discussed in our Real-life Example of Failure to Reduce Subrogation Coming soon, 25 percent of the $13,250 subrogation, or $3,312.50, would be taken from the PIP balance and added to your recovery, bringing your total up from less than 16 percent to $9,810.50, or 24 percent of the gross recovery. This would be a far more satisfactory result.