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Waiver of Subrogation. A waiver of subrogation is an agreement by an insured person to leave his insurance company out of the claim. This comes into play when an individual who caused damages wants to settle the matter directly with the other partyâs insurance company.
Therefore, it would appear that the intent was not to limit UM subrogation only to situations where a motorist registered the vehicle as uninsured and paid a non-refundable fee since the statute also allows subrogation against all other potential joint tortfeasors, whether insured or uninsured. vS.C. Code Ann. Â§ 38-77-260 â This statute addresses the inability of any carrier to negotiate an assignment or full release in exchange for the payment of UM benefits.