Legal Question in Personal Injury in North Carolina

Medical Insurance Subrogation rights

What is the legal essence or purpose of the law that allows private health insurance companies to go after uninsured motorist automobile proceeds when the injured is not at fault but have to collect from these proceeds for pain and suffering because the at fault driver of the other vehicle does not have insurance or assets? Why am I legally required to carry UI coverage if it is not for me? Is there some ethical guidelines on what the medical insurance co should expect when the pain and suffering exceeds the UI coverage by some 4-6 times?

Can the medical insurance co go after the UI proceeds oe me even if I decide not to make a claim rather than let them take it all?

Asked on 7/18/06, 2:25 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
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Re: Medical Insurance Subrogation rights

You probably need to consult an attorney regarding your question, with more information. In general, in NC the health insurer does not have any right to such UIM coverage, but there are a couple of exceptions.

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Answered on 7/20/06, 11:23 pm

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