Legal Question in Insurance Law in North Carolina
Injury Subrogation
I recently had a bad fall at a friend's house. My primary
insurance provider covered my extensive medical bills. The fall was my fault, which I have been very clear about. I'm wondering if my insurance company can file a claim against my friend's homeowner's policy without my concent. I don't believe my friend is responsible at all. Also, are they likely to file a claim?
1 Answer from Attorneys
Re: Injury Subrogation
That's a great question. The answer may vary wildly from state to state. In this state, your primary carrier probably does not even have a lien against your recovery (if any). I.e., if you were to sue your friend, and win, you would keep all the money, and you would not have to repay your primary insurer. In short, your carrier has no right to file such a claim. Secondarily, I will note that if you were even one percent at fault (i.e. negligent), then you (and your carrier) could not recover from your friend anyway. So, the short answer to your question is "no."
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