CFG
CLAIMS FIELD GUIDEInvestigate. Verify. Resolve.
Subrogation & Third-Party Liability

Develop the liability facts before the evidence disappears.

A practical investigation center for recognizing potential third-party responsibility, preserving time-sensitive evidence, identifying ownership and control, and building the factual record claims and legal professionals need to evaluate recovery.

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01 RecognizeIdentify third parties earlyContractors, drivers, property owners, manufacturers, vendors, utilities, public entities, and others.
02 PreserveProtect fragile evidenceScene conditions, video, physical components, vehicle data, records, and witness availability can change quickly.
03 DevelopBuild the liability factsOwnership, control, creation of the condition, notice, responsibility, chronology, and causation questions.
04 SequenceWork the highest-risk evidence firstPrioritize sources most likely to disappear before slower record development.
Investigation Framework

From injury facts to liability facts.

A compensable injury and a viable third-party recovery question are different issues. The investigative objective is to develop facts that clarify who may have contributed, what evidence exists, and what remains unresolved—without asking the investigation to make the legal conclusion.

1Identify potentially responsible partiesMap every person or entity connected to the location, equipment, vehicle, product, work, maintenance, supervision, or condition.
2Preserve time-sensitive evidenceIdentify scene conditions, video, physical components, electronic data, records, and witnesses before they change or disappear.
3Develop ownership and controlDetermine who owned, operated, maintained, installed, repaired, supervised, inspected, or controlled the relevant instrumentality or site.
4Reconstruct the eventBuild the sequence immediately before, during, and after the loss using independent sources whenever possible.
5Test and corroborateUse records, interviews, physical evidence, technical analysis, and lawful research to confirm or refute the working theory.
Where to Look

Common third-party pathways worth developing.

The presence of a third party does not establish liability. It creates a factual question that may deserve development.

Premises

Property & site conditions

Ownership, control, inspection, maintenance, notice, repairs, access, and responsibility for the condition.

Potential sources: leases · inspection logs · work orders · video · witnesses
Vehicles

Motor vehicle involvement

Driver conduct, vehicle ownership, employer relationships, roadway conditions, electronic data, and independent witnesses.

Potential sources: police reports · telematics · dashcam · scene evidence · statements
Equipment

Products & machinery

Manufacturer, supplier, installer, maintenance history, configuration, alteration, warnings, and component condition.

Potential sources: manuals · service records · components · experts · purchase records
Contractors

Vendors & subcontractors

Scopes of work, job responsibilities, supervision, sequencing, safety functions, and work performed before the event.

Potential sources: contracts · POs · daily logs · permits · project records
Public Entity

Roadways, utilities & government involvement

Entity responsibility, permits, maintenance, work zones, records, and time-sensitive procedural issues for claims/legal review.

Potential sources: agency records · permits · maintenance logs · incident reports
Maintenance

Repair & service responsibility

Who inspected, repaired, serviced, modified, or failed to address the relevant condition and when.

Potential sources: service logs · invoices · inspection history · technician interviews
Field Tool 05

Subrogation Investigation Checklist

Use the worksheet to identify potential third parties, protect evidence, develop liability facts, organize records, and set the immediate next investigative step.

Download PDF ↓
Evidence Preservation

The first investigative decision may be the most important one.

Evidence risk is not equal. Video can be overwritten. Equipment can be repaired or discarded. Scene conditions can change. Witnesses can become difficult to locate. When a credible third-party question exists, identify the evidence with the shortest life first.

Complex losses involving fatalities, catastrophic injury, public entities, product or equipment failure, multiple contractors, active litigation, preservation disputes, or legal deadlines should be escalated promptly to the appropriate claims and legal decision-makers.

Continue the pathwayField Note: The opportunity can disappear early →Subrogation Investigation Checklist →All investigation topics →
Field Principle

Preserve the facts first. Allocate responsibility later.

The investigation should document factual contributions, sources, chronology, and unresolved questions. Legal duties, apportionment, lien strategy, recovery decisions, and jurisdiction-specific requirements belong with the professionals authorized to make those determinations.