Legal Question in Personal Injury in North Carolina

Is there a checklist of typical personal injuries that you can claim in an auto accident? Can time and effort to 1) find a replacement car, 2) deal with the repair process, 3) or deal with the insurance company when they want proof of damages, be claimed and compensated for?


Asked on 6/25/10, 6:59 am

1 Answer from Attorneys

No.

Property damage - limited to actual cost of the vehicle (if it is totaled, i.e. it will cost more than 75% of the fair market value of the car to repair it); or actual repairs. If the car is 5 model years and newer, you may have a claim for diminished value. This has to be asserted 30 days after it is repaired and you will need an appraiser to tell you what the car would have been worth and what it is worth now that it is damaged. If the car is totaled, look around for replacement costs of the vehicle. And if you just put new tires on the car or had work done, throw that in as well.

Personal injury - any medical expenses for doctor visits, lost wages and pain and suffering. Pain and suffering is a very fluid concept and will depend on how much you are actually hurt and your age. If bones are broken, you get more pain and suffering than someone in a 5 mph fender-bender who might have some whiplash. Each casee depends on its facts.

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Answered on 6/25/10, 4:08 pm


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