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Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.34 NORTH CAROLINA
§ 4.34[1] Subrogation Rights
North Carolina law recognizes both equitable and contractual
rights of subrogation.1 Where an insurer, pursuant to the terms of its
insurance contract, pays benefits to its insured for a loss resulting
from the negligent act of third-party tortfeasor, the carrier is
automatically and by operation of law, subrogated to the extent of
such payment to rights of its insured against the tortfeasor.2 North
Carolina has specifically rejected the argument that subrogation of
personal injuries is tantamount to an assignment and should be
against public policy.3 Subrogation means substitution, not
assignment or transfer. Subrogation operates only to secure
contribution and indemnity; whereas, an assignment transfers the
whole claim.4
In North Carolina, all damages sustained by an injured party as
result of single wrong must be recovered in a single action.5 An
insurance company entitled to sue by virtue of the right of
subrogation must sue in its own name to enforce its subrogation right
and must be regarded as the real party in interest.6 If the insured has
been paid by his insurer, the insurer is the only party that can
maintain a subrogation action against the tortfeasor.7
§ 4.34[2] Automobile Insurance Coverage
North Carolina requires automobile insurance or other security to
cover those driving vehicles on public roads.8 In order to register and
maintain registration, a vehicle owner is required to carry the
minimum required coverage at all times. The state began registering
vehicles in 1909 and made liability coverage a requirement in 1957.
It enforces this mandatory insurance law by providing for penalties
and license suspension if somebody is involved in an accident
without appropriate insurance on their vehicle.9
Liability Insurance Coverage. A "motor vehicle liability policy"
must identify each vehicle for which coverage is provided and must
insure the named insured and any person in lawful possession or
using the vehicle with express or implied permission against liability
for bodily injury to or death of any one person in an accident in the
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
