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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 28490
Experience:  JA Mentor
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My car was totaled by an underinsured driver in NC. I carry

Customer Question

My car was totaled by an underinsured driver in NC. I carry Erie ins. in WV, including underinsured coverage on my policy. Erie paid my claim, including $1,300 medical bills. I settled with Allstate for $3,500. NC has a non-subrogation law, saying they don't have to reimburse Erie for my med pay. Erie says I now have to repay them the $1,300 they paid because Allstate won't pay them for it. I was under the impression that since I carried the extra coverage that I was not responsible for my bills. Can you tell me if this is correct and what I need to do from here? Thank you,
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
If you live in West Virginia, North Carolina's non-subrogation clause unfortunately would not apply to your situation. What the statute says is that North Carolina insurance policies may not include a subrogation clause. The law doesn't have to do with where an accident takes place. As long as your insurance policy with Eerie contains a subrogation clause, you unfortunately will have to repay them for your medical bills.
It's not about you being responsible for the payments - it's about you agreeing in the contract to repay the insurance company if you get reimbursement from a third party. That promise is binding on you, because you had the ability to consider the subrogation obligation when negotiating your settlement with Allstate.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.