QUESTION

I was in a car accident hit in rear, other drivers ins. Repaired my car but declining my medical bills & injury

Asked on Apr 07th, 2014 on Automobile Accidents - North Carolina
More details to this question:
What option do I have to have the other drivers insurance company accept and pay the claim? Damage to my car was about 900.00 but experienced whiplash due to the hard contact from the impact and still under physicians care for injuries.
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1 ANSWER

Plaintiffs Personal Injury Attorney serving Charlotte, NC
2 Awards
If the insurance company persist in denying your claim, the only option you have is to file a lawsuit against the at fault driver. Depending on the amount of your medical bills and extent of your injuries, you may be able to hire a personal injury attorney to represent you. Most personal injury attorneys work on a contingency fee which is contingent on a recovery in your case. Unfortunately, the amount of money that can be covered in a soft tissue injury involving minimal property damages is likely going to be small. Insurance companies know this. Insurance companies also know that few attorneys are going to invest the amount of time and effort necessary to achieve a favorable result in a case where the attorneys fee will be small as well. From the insurance company's perspective it makes a lot of financial sense to refuse to make an offer in the small cases. A certain percentage of plaintiffs will simply give up and go away. A small percentage of people will file a lawsuit, go to court and will be successful. If they only have to pay a few claims of the many, and the money they have to ultimately pay is not very much, why not deny all the claims and simply pay the most persistent? More recently, in 2011 our Republican led general assembly in the state of North Carolina has made it more difficult for attorneys to recover fees in these types of small claims, further reducing the incentive for attorneys to assist in claims such as yours. Law firms that once handled these types of claims no longer do so.  Bottom line, the only way to force an insurance company to pay a claim such as this is to file a lawsuit, wait for a court date 8 to 12 months from the date you file and ultimately let the jury decide the case.
Answered on Apr 08th, 2014 at 9:40 AM

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