North Carolina Car Accident Legal Questions

Ask for a million bucks. You wont get it. doesn't matter too much what you ask for the carrier wont pay it. you need the best PI lawyer you can find to evaluate your case. you cant do that without all the medical records and all the bills, doctors opinions and tax and wage loss records. If your injuries had anything to do with your marriage breakup (unlikely) that needs be established by medical testimony you have what sound s like a good case an you are about to mess it up trying to get along without professional help... Read Answer

If your collision was as serious as you claim you are not likely to be well yet (FX hip?) you need to be completely well, you need all your medical reports, all bills, dr opinions as to permanency, wage loss proofs, tax returns, etc. you need an experienced PI attorney to help you. you will be abused and mistreated by the insurance carrier unless you have help... Read Answer

Over a month? What on earth do you expect. Normally personal injury cases are not settled until ALL, that is ALL, treatment is had, ALL< that is ALL, bills are received and you have recovered to the point that you are healed or as healed as you will ever be. That is when PI cases are evaluated by your lawyer and by the insurance adjuster. And you are concerned because you hired your lawyer a month ago? Shame on you. deal with your lawyer and follow his advice and get proper medical care.... Read Answer

If you own a car that has liability insurance, turn the claim in to your insurer. It is probably covered. If your insurance doesn't cover it, or if you have no insurance, decide whether it is worth hiring a lawyer to defend the case (depending on how much they are seeking) or file an answer. You can write a handwritten answer admitting and denying the various allegations in the Complaint, and file your answer with the court. That will keep you from losing by default. Eventually, there will be a trial and you will have an opportunity to tell your side of the story.... Read Answer

if you left the scene in an ambulance, you can get more than what you have been offered.  if that is the case, you should speak with an attorney.  if not, you should probably just go ahead and get this resolved for what they are offering.  good luck going forward.  -jay mills... Read Answer

It could be a failure to diagnose, but the question is what damages did the misdiagnosis cause?  In other words, did the delay cause there to be a surgery needed, or cause significant pain and suffering in the interim (or afterwards)?  If not, then there are not sufficient damages to pursue the claim.  If the damages are significant, it may be worth pursuing.  More importantly, if you have not yet settled the claim following the car accident, the party responsible for the accident would also be responsible for the broken talus bone.... Read Answer

The plaintiff has three years from the date of the accident to file suit. As far as what to do, if it's just minor property damage involved you can pay the estimate out-of-pocket yourself or not. If you do not pay out-of-pocket the adverse driver will likely make a uninsured motorist claim under their own policy. if the other drivers uninsured motorist coverage pays, the insurance company will likely try to recover, or subrogate, against you for the amount they had to pay due to you not having insurance. Even though you are not charged, you may receive the letter from the North Carolina Department of Motor Vehicles suspending your license for driving without insurance if they are notified by the uninsured motorist carrier.    ... Read Answer

Delays in receiving treatment are common reason the liability insurance company will deny paying for medical expenses arising out of an automobile accident. just because they have denied voluntarily paying for these expensive however does not mean that they are not liable for them. Depending on your daughters prior medical history, if any, the length of delay, the diagnosis and your ability to rule out any other intervening causes will determine whether or not he will be successful in recovering these expenses.... Read Answer

Obviously without a police report or witnesses you will have a difficult time convincing the other drivers insurance company whose version makes more sense. I would try to file a police report now. I assume you have the other drivers information so that you may obtain liability insurance information. Otherwise, since in North Carolina hit-and-run accidents (with contact) if you unable to identify the adverse vehicle you do not have a property damage claim under your uninsured motorist coverage.... Read Answer

The facts in your question are a little unclear.  I will try to explain the potential claims you may have in this accident. The first claim would be a liability claim against the drunk driver involved in the accident. That would be a claim for both personal injuries and punitive damages. That claim would be paid by the liability insurance company of the vehicle he was operating and/or the drunk driver's liability insurance. Depending on the extent of the injuries and amount of coverage, and underinsured motorist coverage claim may need to be made under any policy covering your son. In addition, if the driver of the vehicle that your son was a passenger was also at fault, then a liability claim can be made against the driver's liability insurance as well. There may also be medical payments coverage that would apply in this situation with one or more insurance carrier. It is important before you agree to any settlement that you fully understand what coverages are available and the extent of any medical liens that may exist before resolving any claims. I would be happy to discuss your potential claims with you further if you would like to contact me directly.  ... Read Answer

The new rules for insurance companies will be based on what is actually owed not what initial bills are.. Neither the govt (medicare, Medicaid) nor insurance companies pay the original bill. They all pay at negotiated discounts doesn't matter what you ask for, they wont pay it. so ask for whatever figure you feel is fair, knowing that it is a hi lo hi lo game so start hi and negotiate, you really need a lawyer if you have a good case adjusters are trained to take advantage of folks. You need to understand that with them it is about saving money for the company. They are not here to help you. it doesn't matter what their TV advertisements say about helping. They never help. They squeeze, dodge, ignore and belittle injuries and bills. get you a lawyer who deals with these crooks every day.... Read Answer

There is no set time. Depending on the issues involved, there may be questions about coverage, liability, proximate cause and of course the amount of damages. So long as the insurance company is not unnecessarily delaying settlement of the claim or negotiating in bad faith, your only option to bring a resolution would be to file a lawsuit and pursue the matter in court.... Read Answer

Your question does not involve an "Auto Accident," which is the Category you asked your question in. However, I will attempt to provide you some information regarding your question. I cannot provide an answer to your question ("Would the company that changed my oil be responsible for damages?") without more information. If you can prove that the "company" caused your vehicle to leak oil then you would have a case against them. You would have to prove that the either did or did not do something when they initially replaced a part that caused your vehicle to start leaking oil. Just because your vehicle starting leaking oil after they replaced the part is not sufficient; you must that they did something wrong. If you can prove the company caused your vehicle to leak oil they would be responsible for your damages, which you do not specify.... Read Answer

It depends on what the judgment was for. If it was for an unpaid ticket, upon clearing the matter up with the court, your license should be restored almost immediately upon the court filing the abstract with the Secretary of State. If it was suspended for other violations, you may have to appeal to the Secretary of State or pay a reinstatement fee.... Read Answer

If you have been served with a copy of a lawsuit you should immediately contact your automobile insurance company. You have 30 days to answer the complaint or file for an extension to answer. If you do not file an answer, and entry of default may be entered against you, essentially admitting all of the allegations in the plaintiff's complaint.   Your insurance company will hire an attorney to defend you. They will file an answer on your behalf and will protect you up to the limits of your insurance. You have the duty to cooperate in your defense with the attorney that the insurance company hires to defend you. Failure to cooperate could affect your coverage. Notifying them of the lawsuit is the first step. Civil lawsuits for damages in automobile accidents are filed in either District Court or Superior Court. when a claim is made for a sum in excess of $10,000 it is put in Superior Court. No specific amount above the $10,000 is pled. Claims for a sum $10,000 or less are filed in District Court. That could mean anything from a dollar up to $10,000. Just because the complaint seeks a sum of $10,000 does not necessarily mean that is the claim.   If your attorney determines that a settlement offer should be made, and it is within your policy limits, the insurance company will pay on your behalf. You would only be responsible to personally pay anything if a judgment exceeds your policy limits. If this is a possibility, the attorney hired by the insurance company will advise you that you may hire your own attorney as well.      ... Read Answer