Legal Question in Personal Injury in North Carolina

Back injury, Other driver has stated fault

I've received several injuries in an accident. The other driver has stated(recorded by the officer) that she wasn't paying attention and ran the red light. I am seeing my family doctor andhe has recommended 1) Physical Therapy and 2) Chiropractic treatment: both costly.

My question results from the statement of the insurance company that I "save all my bills, and when I am finished with medical attention to send in the bills" and then they'll settle in "one lump sum".

What are my rights? Shouldn't they pay for the medical treatment now? Pain and suffering?

Asked on 5/13/99, 12:25 pm

1 Answer from Attorneys

David Austin Burke & Eisner, P.A.

Re: Back injury, Other driver has stated fault

First, You need to speak with North Carolina Attorney. Each state has different laws and rules that govern how you should proceed.

In General, an insurance company does not have to pay your medical bills if you are bringing a calim against the person they insure. This is because they (ins co) are paying you only if you can prove that the person was responsible for the collision and that the injuries are related. They are buying your claim so to speak. They do not want to give you money now because then you will not be in difficult financial straits later when the medical providers want their money.

My advice is to at least talk with an experienced auto accident attorney so that you understand the basics about a claim in NC. Feel free to contact me if you need some assistance.

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Answered on 5/24/99, 9:08 am

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