Selecting the correct forum for recovery can be confusing when considering these new entries into our industry. A good clue to figuring out how to properly file a case is to focus on the position of the filer (Recovering Party [Applicant] or Company 1) to the case.
Here are some examples:
- Recovering Party (Applicant)’s insured is in an accident with a ride-hailing vehicle and is trying to recover collision damages and rental costs. This still fits within our Auto Forum.
- Recovering Party (Applicant) pays damages for an accident under a usage-based policy, and seeks recovery from the tortfeasor. This, too, fits in the Auto Forum.
- The filing carrier paid out of its liability coverage for damage to a third party while its named insured was transporting a ride hailing customer and seeks recovery from the ride- hailing company’s carrier. This falls under the Special Forum.