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10 B.C. Indus. & Com. L. Rev. 77 (1968-1969)
Subrogation under Uninsured Motorists Insurance

handle is hein.journals/bclr10 and id is 83 raw text is: SUBROGATION UNDER UNINSURED MOTORISTS INSURANCE ROBERT E. WALSH* Uninsured Motorists Insurance or Family Protection Coverage, is about twelve years old.' It developed as a complement to compul- sory insurance laws,2 financial responsibility laws,3 Unsatisfied Judg- ment Fund Acts,4 and the New York Motor Vehicle Accident Idemni- * B.A., Bowdoin College, 1955; LL.B., University of Connecticut School of Law, 1962; LL.M., New York University Law School, 1963; Member, Connecticut Bar Associa- tion; Associate Professor of Law, University of Connecticut School of Law. The author gratefully acknowledges the research assitance of John P. Jewett, University of Connecticut School of Law, Class of 1968. 1 For a history of the development of Uninsured Motorists Insurance, see Note, Uninsured Motorists Insurance: California's Latest Answer To The Problem of The Financially Irresponsible Motorist, 48 Calif. L. Rev. 516 (1960). 2 Three states, Massachusetts, New York, and North Carolina, have compulsory in- surance laws. Massachusetts requires, before a vehicle can be registered for operation on public ways or certain private ways, that its owner, and others operating the car with the owner's consent, be insured against tort liability stemming from its operation, in the amount of $5,000 for the personal injury or death of one person and $10,000 for the personal injury or death of more than one person. Operation of an automobile whose operators have not been thus insured is a misdemeanor, Mass. Gen. Laws Ann. ch. 90, § 1A (1967) ; ch. 90, §§ 9, 34A-34J (1967) ; ch. 175, §§ 113A-113J (1959). New York provides, with some exceptions, that no motor vehicle shall be registered unless the application for registration is accompanied by a certificate of insurance, or a financial security deposit, or bond, or qualification as a self-insurer. N.Y. Veh. & Traf. Law §§ 310, 311, 314, 315, 319, 320, 321 (1960) ; §§ 312, 313, 316, 317, 318 (Supp. 1967). Insurance must be for a minimum of $10,000 for injury to one person, $20,000 for injury to more than one person, and $5,000 for property damage. North Carolina's minimum liability insurance is $10,000 for injury to one person, $20,000 for injury to more than one person, and $5,000 for damage to property. N.C. Gen. Stat. §§ 20-279.1, 20-309 (Supp. 1967). 3 Financial responsibility laws require that a driver who becomes involved in an automobile accident which causes property damage or personal injury above a minimum amount (e.g., $100) furnish security for the payment of claims arising out of such acci- dent and also, if the claim has resulted in an adverse judgment, furnish proof of ability to pay claims arising out of future accidents. Failure to furnish such security or proof leads to suspension of the driver's license to operate a motor vehicle and, in some states, to revocation of registration of all motor vehicles owned by the owner of the car involved in the accident. The proof of security must be for an amount of liability set by statute; for example, $10,C00 for personal injury to any one person, $20,000 for personal injuries to more than one person, and $5,000 for property damage arising out of one accident. See, e.g., Conn. Gen. Stat. Ann. § 14-112 (1966) ; N.C. Gen. Stat. § 20-279.5 (1965) ; N.D. Cent. Code §§ 39-16-01 (1960) ; § 39-16.1-08 (Supp. 1967). 4 Unsatisfied Judgment Fund Acts have been enacted in four states, Maryland, Michigan, New Jersey and North Dakota. In general, they provide that if a resident of the state is injured because of the operation of a motor vehicle within the state and his damages exceed a statutory minimum (usually $100) and the tort-feasor is unknown or cannot satisfy a judgment against him, a statutory proceeding may be brought against the Unsatisfied Judgment Fund, with recovery limited to a statutory amount, for example, $10,000 for injury to one person, $20,000 for injury to more than one person, and $5,COO for property damage. Md. Ann. Code art. 66Y , §§ 150-179 (1955), as amended, §§ 150-177A (Supp. 1967); Mich. Stat. Ann. §§ 9.2801-9.2831 (Supp. 1968); N.J. Stat. Ann. §§ 39:6-61-39:6-91 (1966); N.D. Cent. Code §§ 39-17-01-39-17-10 (Supp. 1967).

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