Legal Question in Insurance Law in Wisconsin

Re: Subrogation

Wisconsin subrogation law is complex especially in personal injury claims and is one of many reasons why you should almost always have personal injury lawyer handling your claim. Insurers' statistics show that a personal injury lawyer will negotiate the best settlement with the insuring company. Also, a personal injury lawyer will determine whether subrogation exists at all and if so, will negotiate such claims.

The fact is that who insurers whom is irrelevant to the question of subrogation. What is relevant is whether payments were made by your insurer on your behalf and whether your contract with your insurer and Wisconsin law allows your insurer to stand in your shoes as to payments made on your behalf. There are also many other legal issues that arise within the context of subrogation including the made whole, or Rimes doctrine, contributory negligence, proof of liability, the fund doctrine, etc.