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North Carolina

Negligence Doctrine: Pure Contributory Negligence

Circuit # 4

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 3 years
Personal Property 3 years
Personal Injury 3 years
Wrongful Death 2 years
Warranty 3 or 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - YES


Deductible Reimbursement

Dollar One (Insured Made Whole) State
Insurer is required to pay the deductible first out of any subrogation recovery absent some alternate agreement
 


Garnishment

YES*
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Unless the debtor has substantial funds on deposit and no family dependent on those funds for support, garnishment or wages is not generally helpful in collecting other claims except: 1. To enforce an order for child support, 2. To recover unpaid taxes, and 3. To enforce a judgment for payment of medical services provided by a “public” hospital; The debtor’s earnings for personal services within 60 days prior to the order cannot be applied to the debt if it appears that the earnings are necessary for the use of the debtor’s family.  Further, future earnings have been excluded from the scope of execution
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,000
Liability imposed when child willfully or maliciously injures person or property
 


Subrogation by Landlord's Carrier against Tenant

YES


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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