Damages & Liability Tab - Adding a Demand

Damages & Liability Tab - Adding a Demand

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The Damages & Liability tab includes the entire negotiation history of the demand.  This is the “Numbers” page for the demand.  All negotiation actions will be recorded here.

Click to expand/collapse The Original Damages Pane

The Original Damages are the actual amounts paid out by a demander to their insured for a specific claim.

The Demander can make changes to the original damages using the Edit Original Damages action or by adding a Supplement to a demand that is not yet resolved.  In that case, the supplement is treated like an edit to original damages and the modifications are applied to the Original Damages pane.

Original Damages Pane Field Definitions:

Auto Damages (Company Paid): The dollar amount paid by the demanding company to resolve collision or comprehensive (OTC) coverage.
Rental: The dollar amount for rental expense associated with the demand.
Towing: The dollar amount for towing or similar expense associated with the demand.
Other Amount: The dollar amount for other expenses associated with the demand but not the insured's out of pocket.
Deductible (Customer Paid): The dollar amount that represents the collision or comprehensive deductible associated with the demand.
Total Loss / Salvage Amt: The salvage amount represents the amount recovered or, in some cases, the loss on salvage.  This field is only filled if the Total Loss checkbox was checked.  Normally, the Salvage Amt value is deducted from the total damages value (thus it is written in red).

Click to expand/collapse The Negotiated Damages Pane

Negotiated Damages are demand amounts that reflect negotiation between the Demander and Responder.

When the Responder makes a counter offer, they are able to suggest changes to the damage amounts.  These changes are reflected in the Negotiated Damages pane.

This also applies for the Demander.  If they agree to suggested changes in the damages, they’ll do so in a counter offer, or an acceptance of the responder offer.  These changes will be reflected in the Negotiated Damages pane.

Changes such as these would NOT modify the Original damages, as those should continue to reflect the actual damages that were paid.

The following damage descriptions are the same as those in the Original Damages pane.  The only difference is that these amounts will reflect any negotiation that has occurred between the Demander and Responder.

Negotiated Damages Pane Field Definitions:

Auto Damages (Company Paid): The dollar amount paid by the demanding company to resolve collision or comprehensive (OTC) coverage.
Rental: The dollar amount for rental and/or loss of use expense associated with the demand.
Towing: The dollar amount for towing or similar expense associated with the demand.
Other Amount: The dollar amount for other expenses associated with the demand but not the insured's out of pocket.
Deductible (Customer Paid): The dollar amount that represents the collision or comprehensive deductible associated with the demand.
Total Loss / Salvage Amt: The salvage amount represents the amount recovered or lost in salvage.  This field is only filled if the Total Loss checkbox was checked.  Normally, the Salvage Amt value is deducted from the total damages value (thus it is written in red).

Click to expand/collapse The Negotiated Liability Pane

The Responder Liability % is the percentage of liability for this incident that is being assigned to the Responder.

When this value resides in a Demander negotiation action step, it represents the liability % that the Demander thinks the Responder should accept.  When this value resides in a Responder negotiation action step, it represents the liability % that the Responder is willing to accept.

The Responder Liability % is used to calculate the total demand or total response.  The equation looks like this:

Negotiated Liability  x  Negotiated Damages  =  Total Demand

Click to expand/collapse The Total Demand/Total Response Pane

Total Demand is the amount that the Demander expects the Responder to repay for this subrogation demand.  This pane is labeled Total Demand when the negotiation action step was completed by the Demander.

Total Response is the total amount that the Responder is willing to repay to the Demander.  This pane is labeled Total Response when the negotiation action step was completed by the Responder.

"Demand Value Overridden” will appear in the Total Demand or Total Response section during a negotiation action (Demand Issue, Counter Offer) if a user offers a lump sum and ignores the damages and liability. To do so, simply change the value in the field at the far right of the screen titled Total Demand.

Click to expand/collapse Negotiation Message Pane

The negotiation message pane shows the message entered by the user that took the action.  It should convey the reasoning behind the action being taken. Since the negotiation message is a required field, there should always be a negotiation message for each action.

Click to expand/collapse Auto-Close Checkbox (Displays only if configured)

This option only appears on the Damages & Liability tab if Auto-Close has been configured by an administrator in E-Subro Hub Preferences.

By default, this box will be checked and the demand will close automatically upon Responder Acceptance or Responder Acknowledgement of Demander Acceptance.

Unselecting this option will override the Auto-Close action and the demand will remain open until it is closed manually.

Upon completion of the above information, "Save and Continue" then proceed to the Evidence Tab to continue with a demand creation.

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