Legal Question in Personal Injury in North Carolina

Yes you can pursue the matter. It is not unusual for an insurance company to abandon its subrogation claim early. Did the insurance company take judgment? Did the insurance company bump up your rates following the payment? The company has a fiduciary obligation to try to collect but does not have to pursue a deadbeat. The company may have valuable information to share with you if you elect to proceed. The most important information you must answer prior to spending any money on this quest is what are the chances of collection of a judgment. You can bring your claim, pro se, or representing yourself, will cost your time and the filing fees. You may even engage a lawyer on a limited basis to provide pleadings and advice without making a formal appearance. The company may waive its subrogation claim and you will keep all you collect instead of a pro rata share of recovery. Often, you will obtain a default judgment without the need to present evidence in a trial. On to collection. Look at the apparent assets of the defendant. Check the courthouse, you should look for real estate, what he/she paid and what liens are on the property. Check the personal tax roles. You may even be able to obtain a copy of the title showing liens on automobiles from the DMV. If you have a judgment, you can levy on a bank account or wages. Bankruptcy will discharge most debts, including a debt based upon simple negligence in an automobile accident. Keep in mind, that there are exemptions in bankruptcy and from state court levy which are shown in the NC Code 1-C-1601. Thus, even if you find assets, they may end up exempt. The exemptions have recently been increased to $35,000 equity (after deducting liens) interest in real property used as a residence. It is hard to collect from a deadbeat, but you may find satisfaction in taking judgment and recording it. The judgment will constitute a lien on real property and will last 10 years. Unless the state court affidavit of exemption is issued or bankruptcy, with a lien avoidance motion filed, the debtor will have to settle the account if he/she refinances or sells within the lien period.