The State Health Plan has the right of subrogation upon its injured members' right to recover from any other liable party. The United States and the State of North Carolina shall be entitled to shares in each net recovery under this section.It is only when the plaintiff's recovery exceeds the sum total of the plaintiff's damages that the right of subrogation arises. The State Health Plan has the right of subrogation upon its injured members' right to recover from liable third parties. You can file a claim on your own comprehensive or collision coverage, if your policy includes that, and let your company "subrogate" or recover the payment. In 12 states,7 recovery is barred if plaintiff's fault is "equal to or greater than" 50 percent. Learn how State Farm may try to recover a claim payment when another party is primarily at fault for your damages. The Department may bring an action in the Superior Court against an alleged third party payor to recover an amount subrogated to the Department for medical. • A word about "duly served. This section specifically discusses the state of NORTH CAROLINA.
