Wake North Carolina Subrogation Agreement Authorizing Insurer to Bring Action in Insured's Name

State:
Multi-State
County:
Wake
Control #:
US-0554BG
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Description

Subrogation is commonly used in insurance matters. For example, on payment of a loss under an insurance policy, an insurer is entitled to be subrogated to the extent of any right of action the insured may have against a third party whose negligence or wro

A Wake North Carolina Subrogation Agreement Authorizing Insurer to Bring Action in Insured's Name is an essential legal document that outlines the terms and conditions under which an insurance company can pursue legal action on behalf of its insured party. This agreement empowers the insurer to step into the shoes of the insured and bring a lawsuit against a third party responsible for causing damages or losses. In Wake North Carolina, several types of subrogation agreements are commonly used, each serving a specific purpose. These include: 1. Property Damage Subrogation Agreement: This type of agreement is employed when an insured property suffers damage, such as due to a fire, natural disaster, or accidental causes. The insurer, having paid the insured party for the damage, can then initiate legal proceedings against the responsible party to recover the amount paid. 2. Automobile Subrogation Agreement: When a policyholder's vehicle is involved in an accident caused by another party's negligence, the insurer can seek reimbursement for the compensation paid to the insured for damages, medical expenses, and other related costs through an automobile subrogation agreement. 3. Workers' Compensation Subrogation Agreement: In cases where an employee is injured on the job due to the negligence of a third party, the workers' compensation insurer can pursue legal action in the name of the injured worker to recover the benefits paid to them. This subrogation agreement ensures that the insurer has the authority to file a lawsuit against the responsible party. 4. Health Insurance Subrogation Agreement: In situations where an insured party's injuries or medical expenses are caused by someone else's actions (for example, in a personal injury accident), the health insurer can utilize a subrogation agreement to seek reimbursement for the medical costs covered by the policy. These Wake North Carolina Subrogation Agreements Authorizing Insurers to Bring Action in the Insured's Name serve to protect the rights and interests of both the insured and the insurance company. By allowing the insurer to recover the amount paid to the insured party, these agreements help prevent the responsible party from escaping liability and ensure that the insured is appropriately compensated for their losses. It's important for individuals and businesses in Wake North Carolina to understand the specific subrogation agreement relevant to their insurance coverage to ensure they are adequately protected in the event of damages or losses caused by the actions of others.

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FAQ

The doctrine of subrogation provides that if an insurer pays a loss to its insured due to the wrongful act of another, the insurer is subrogated to the rights of the insured and may prosecute a suit against the wrongdoer for recovery of its outlay.

Subrogation is the principle by which an insurer, having paid a claim, then stands in the place of an insured, and exercises the insured's right of recovery in the insured's name against any third parties responsible for the loss. The insurer's rights to pursue a third party are no better than those of the insured.

Definition of subrogation : the act of subrogating specifically : the assumption by a third party (such as a second creditor or an insurance company) of another's legal right to collect a debt or damages.

Subrogation is a term describing a right held by most insurance carriers to legally pursue a third party that caused an insurance loss to the insured. This is done in order to recover the amount of the claim paid by the insurance carrier to the insured for the loss.

Traditionally, there are three types of subrogation: (1) Equitable, also known as legal or judicial; (2) Conventional or contractual subrogation, and; (3) Statutory subrogation. Equitable subrogation arises by operation of law. Conventional subrogation arises out of a contract, such as an insurance policy.

Simply put, subrogation protects you and your insurer from paying for losses that aren't your fault. It's common in auto, health insurance and homeowners policies. It lets your insurer pursue the person at fault to recover the money paid out for a claim that wasn't your fault.

Subrogation is the right of the surety to get back his money from the principal debtor. Subrogation is the legal doctrine whereby one person takes over the rights or remedies of a creditor against his/her debtor.

Example of Subrogation John and Sam were involved in a car accident. As a result, John's car was severely damaged, and he required $3,000 for the repair of the vehicle. Luckily, John's car was insured, and he recovered the full cost of the repair ($3,000) through an insurance claim.

Subrogation, subrogation rights, rights of subrogation: These terms are used to describe the legal right of an insurance company to recover its loss from a third party. It is usually triggered where a claim payment is made to a policyholder, but the policyholder's loss was actually caused by another party.

Subrogation allows your insurer to recoup costs (medical payments, repairs, etc.), including your deductible, from the at-fault driver's insurance company, if the accident wasn't your fault. A successful subrogation means a refund for you and your insurer.

More info

For example, an insurer under an automobile insurance policy becomes subrogated to the rights of a claimant upon payment of a property damage claim. Example: 48th Year of the Kentucky Register, page 318 (short form: 48 Ky.R. 318).

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Wake North Carolina Subrogation Agreement Authorizing Insurer to Bring Action in Insured's Name