I have a property damage case that I need some guidance on related to subrogation.
Facts: Client was involved in a hit and run and client was essentially forced to go through her own insurance company to handle property damage. I sent a punitive property damage demand to which Progressive responded they were not obliged to pay because they had previously paid for the property damage through subrogation. Nonetheless, they offered an additional $5,500 over and above what they paid. We rejected it and filed suit.
I understand that a punitive damage claim must hinge on a property damage claim. Progressive is stating that there is no longer a property damage claim and my client does not have standing because of the assignment of rights that happens during the process of subrogation, but does that also mean the punitives portion of the claim is waived, even though my client alleges she has documentation related to property expenses that she was not compensated for?
Since property damage is compensatory and punitive damages are not, I am trying to figure out if there is a way around this.