Legal Question in Personal Injury in North Carolina

law suit

I want to know that if a persons auto insurance max. is $30000 is that all a person can get even if the medical bills are higher than that. and not including personal injury of a cracked skull.


Asked on 2/22/05, 2:30 pm

3 Answers from Attorneys

George Lennon Lennon, Camak & Bertics, PLLC

Re: law suit

Depends on what insurance and assets are available, including what coverage(s) will "stack." The severity of your injury has nothing to do with it. I suggest you consult with an experienced injury attorney ASAP. Don't forget to file a "med pay" claim with your own insurance. Good luck.

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Answered on 2/22/05, 5:57 pm
John Kirby Law Offices of John M. Kirby

Re: law suit

You can theoretically recover against the other driver's insurance policy (including any excess or umbrella policies), and against your own "underinsured" motorist coverage (if any), and then against the other driver's assets. If workers compensation is applicable (e.g. you are driving for your employer), then there is of course another source of recovery. If, however, there are none of these other avenues, then you may be limited to the $30,000. (Of course, your own health insurance, including Med Pay, is another source.) This is why you probably need to consult an attorney, to make sure you have exhausted all avenues of recovery. (This question also highlights the importance of having underinsured motorist coverage.)

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Answered on 2/23/05, 8:24 am
Timothy Burch Burch Law Office

Re: law suit

an experienced attorney and his or her private investigator will determine if other sources of insurance exist. When there are inadequate insurance proceeds, one of the best ways that an attorney can help maximize your total recovery is to deal effectively with health insurance and medical provider liens. You are more than welcome to contact me to discuss in more detail if there is a way to put you in a better position than trying to handle on your own. In any event, I wish you well and I am sorry that you are having to deal with this unfortunate, yet common, problem where people do not carry enough insurance.

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Answered on 2/23/05, 9:26 am


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