Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 21, 2011

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Insurance Question from West Springfield, MA

Asked on 10/21/2011

Can one insurance carrier subrogate medical bills to another. This is for an accident that happened in Vermont. the party subrogating the bills is insuring a motorcycle. this is a motorcycle vs auto accident and fault is not an issue.

Answer given on October 21, 2011

In Vermont, the courts follow a pure several liability approach in entering judgment against multiple defendants.  Here, the amount for which each defendant is financially liable is proportionate to his or her share of the fault.  In other words, a defendant that caused the majority of the damages will be responsible for a majority of the financial judgment. Also, Vermont is a comparative negligence state. Since you said that fault is not an issue, there should be no reason why the carrier could not subrogate against the at-fault party.


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