What should I do about my vehicle?
If your car is totaled, you may be entitled to a similar rental car for a period of time reasonably necessary to obtain another car. In addition, you may be entitled to receive the monetary difference between the fair market value of your car immediately before the collision and its fair market value immediately after the collision.
If your car is not totaled, you may be entitled to the cost of repairs and a similar rental car for a reasonable period of time while your vehicle is in the shop. You may also be entitled to additional compensation if the value of your car after it has been repaired is less than what it was before the accident.
Do I need further medical treatment?
You should tell your doctor about all of your problems and follow his or her orders. If you need additional treatment or referral to a specialist, you should listen to your doctor and follow his or her advice in this regard.
Who is going to pay for my medical bills?
Although medical expenses may be included as part of your personal injury settlement, you are responsible for these bills. You may have health insurance or Medical Payments Coverage through your own car insurance which can help to pay these bills pending the resolution of your personal injury case.
Does my car insurance policy provide coverage for my damages?
In addition to Medical Payments Coverage, you may have Uninsured or Underinsured Motorist Coverage. In cases where you are injured in a vehicle owned by another person, you may be able to "stack" your own car insurance policy with the policy of the car involved in the collision. The terms of your insurance policy, state law and the specific facts of your case will decide these issues.
What should I consider when valuing my personal injury claim?
North Carolina law defines a number of elements of damages for personal injury claims. These include past and future damages for lost wages, medical expenses, pain and suffering, permanent injury, scarring and disfigurement, loss of use of part of the body, and aggravation of a pre-existing disease or physical condition. Every case is unique and must be judged on the specific facts involved.
When should I think about settling my personal injury claim?
Generally, after you have been discharged by your doctors and know full well the extent of your injury and, equally important, the extent of your recovery. If you have permanent injuries or will require future medical care, these facts should be established and considered before you can responsibly approach a resolution of your claim. (Note: Once your personal injury case is settled, you cannot recover further monetary damages.)
Can I settle my property damage claim without settling my personal injury claim?
Yes, so long as it is clear in the paperwork that only your property damage claim is being settled. On more than several occasions, I have seen an insurance company tender a "General Release" for signature on a property damage claim, as opposed to a "Property Damage Only Release." (Note: Your property damage claim also includes personal property such as broken eyeglasses, ruined clothing, damaged jewelry, etc.)
Is there any time limit for settling my personal injury claim?
Yes, within 3 years from the date of your injury. Your claim will be protected if a lawsuit is filed during this time period.
Should I have pictures taken?
Yes. A picture truly can be worth a thousand words in an injury case. Pictures can show your physical appearance after the collision and during treatment. Pictures of the cars can help prove the amount of damage, the force of the impact, and sometimes, the way the collision happened.
Do I Need a Lawyer?
The facts in every case are different. It is important to know, however, that insurance adjusters deal with insurance claims for a living. You don't and this puts you at a disadvantage. Before talking to an adjuster who wants to "resolve" your claim, you need to know your legal rights or you may make a permanent, costly mistake.