Section 58-17-122 - Third-party liability--Subrogation of third-party payment by risk pool--Waiver of subrogation rights. - South Dakota Statutes

58-17-122. Third-party liability--Subrogation of third-party payment by risk pool--Waiver of subrogation rights. If a claim to the risk pool for which benefits are payable under the risk pool exists under circumstances creating in some other person a legal liability to pay damages in respect thereto, the enrollee may either make claim to the risk pool or proceed at law against such other person to recover damages or proceed against both the risk pool and such other person. However, if the injured enrollee recovers any like damages from such other person, the recovered damages shall be an offset against any risk pool benefits which the enrollee would otherwise have been entitled to receive. If claims have been paid by the risk pool and the enrollee has recovered damages from another person, the risk pool may recover from the enrollee an amount equal to the amount of the claim paid to the enrollee by the other person, less the necessary and reasonable expense of collecting the same. However, the risk pool may waive its subrogation rights if it determines that the exercise of the rights would be impractical, uneconomical, or would create a hardship on the enrollee.

Source: SL 2003 (SS), ch 1, § 10.