QUESTION
Do insurance co. want to settle most personal injury cases?i
Asked on Aug 08th, 2013 on Automobile Accidents - North Carolina
More details to this question:
I was injured and the party that hit me,only had basic limitis.I have gotten that thru liability part.Now I am going thru my underinsured part.My doc say my healh will likely continue to go down.I have gotten 25.thru liability.They offered 25 more.Which will make 50 in all can I get them to pay more witout court?
1 ANSWER
Plaintiffs Personal Injury Attorney serving Charlotte, NC
Partner at
Price, Petho & Associates P.L.L.C.
2 Awards
Curtis,
Did the accident happened in North Carolina? if so, the minimum limits are $30,000/$60,000. Even if this is an out of state policy, they often contain conformity clauses which raise the minimum limits to the limits of the state in which the accident occurred. If so, there would be another $5000 in liability coverage.
Aso, was the driver the owner of the vehicle that struck you? If not, it is possible that the driver has a insurance policy of their own which would potentially stack on to the liability coverage of the vehicle. this certainly needs to be investigated.
Finally, before collecting the liability coverage , you need to to provide written notice to your underinsured motorist carrier of your intent to accept the liability coverage and offer them the opportunity to advance their limits. failure to do so can jeopardize your rights under your own underinsured motorist coverage.
If your injuries are significant, you certainly do not want to leave coverage on the table.
You said that your underinsured motorist carrier has offered you an additional $25,000. Are they claiming that that is there limits? Keep in mind that your underinsured motorist carrier is only liable to the extent of the policy limits you purchased.
Before settling any part of your claim, speak with an attorney.
Answered on Aug 15th, 2013 at 2:35 PM