Third-Party Liability in North Carolina

Posted by Admin | Jul 20th, 2022 |

Sometimes, when an injury occurs, third parties aside from those present could hold liability for the incident. Third-party liability arises in a variety of situations. For example, if you are involved in a vehicle accident, but the vehicle is owned by another company aside from the driver, then the company may be the third party that can be held liable.

Here, we want to discuss third-party liability and how this could affect compensation from an insurance claim or a civil lawsuit in North Carolina.

Other Parties Could be Responsible for Damages

Injury claims are not always cut and dry, and the person who seemingly caused the injury may not be the only one responsible for the incident. One of the most common examples of when another party could be held responsible for an injury involves vehicle accidents in North Carolina. Third-party claims could arise in a few different situations:

  • If a car accident occurs and the at-fault party is driving a vehicle owned or provided by an employer, then the employer will likely hold liability for the incident. The claim will typically be made against the employer’s insurance carrier, not the driver’s personal insurance carrier.
  • When a person borrows someone else’s vehicle, the insurance carrier of the vehicle owner will typically be responsible for paying compensation if the driver causes an accident, even if the driver is not the owner of the vehicle.

Vehicle accidents are not the only time when a third party could be held responsible for an incident. For example, if an individual causes an injury while they are carrying out job-related duties, then their employer will likely be held responsible for the damages. For example, if a public works employee accidentally drops debris off of a roadway and onto an innocent bystander below, any injuries sustained by the bystander will likely be paid for by the government entity (third party in this case).

Does This Apply to Work Injury Claims?

Many individuals wonder whether or not third-party claims apply to work injury claims. The truth is that the vast majority of employees in the state of North Carolina are covered by workers’ compensation insurance. Nearly every employer is required to carry this type of insurance for their workers.

If a person sustains a workplace injury, then they will likely receive complete medical care and a portion of their lost wages through workers’ compensation insurance. This is a no-fault system, which means individuals can file a claim regardless of who caused the incident. Additionally, individuals are not typically allowed to file a civil lawsuit against their employer for recovery of compensation.

However, if a workplace injury occurs as a result of the actions of a third-party, such as a contractor or subcontractor, then it may be possible for the injured worker to file a third-party civil lawsuit for damages against that other party.

Work With an Attorney

If you or somebody you care about has sustained an injury caused by the negligence of another individual or entity, you need to reach out to a skilled North Carolina personal injury lawyer today. An attorney will investigate every aspect of the claim and work diligently to uncover all possible liable parties in order to maximize compensation.