Legal Question in Personal Injury in North Carolina

Insurance subrogation

NC I have a friend who was in a one car accident with his roommate who was driving the vehicle. The roommate was at fault. He is about to settle with the roommate's insurance company. His own health insurance has covered his medical bills from this accident. However, now his health insurance has sent him a letter concerning subrogation. He wants to know if he settles with the insurance company if he will have to pay his own insurance company back. I have done a little reasearch online about this and I keep getting different answers to that question. One stated that his own insurance company is entitled to be reimbursed from the rommate's insurance Co. I also read something concerning a subrogation clause. Then I read that they are not entitled by NC law to do this. Which is correct???

Thanks!!

Asked on 7/22/04, 10:55 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
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Re: Insurance subrogation

That's somewhat difficult to answer without more information. In general, there is an anti-subrogation rule in NC for this situation, which means that his health insurer is not subrogated to his claim. There are, however, exceptions to this, such as if it is an ERISA plan. So, the general rule would be that there is no subrogation, but there are exceptions. Your roommate may want to consult an attorney.

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7/22/04, 11:16 pm

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