A common reason for failure to obtain a recovery from a municipality is the initial failure to file the required Notice of Claim against the state, county, local government or municipality, inclusive of school districts, incorporated villages, towns, and police departments within the required timeframe. It is always a sad day when a case is referred to subrogation after the time frame to file the notice has expired.
While the specific time requirement varies from state to state, failure to provide the required information in the correct format will preclude filing and further bar an action against the governmental entity thus thwarting recovery efforts. Nothing screams frustration like having a good recovery potential vanish because of a technicality!
Educating the initial claim handlers as to general municipal tort requirements and creating an awareness of the urgency in providing timely notice should make a big difference in the outcome of recovery efforts against municipalities. Early notice to the recovery team will ultimately deliver better results in these matters as well.