Legal Question in Personal Injury in North Carolina

Settlement from a car accident

I was rear ended in a car accidnet and I'm trying to settle with the insurance company. After speaking with the person in charge of claims she infromed me that all I was entitled to was 1000, and that even though I missed 3 days of work I would only be compensated for 1 day of work. But I recieved 2 release forms stating that I would recieve 2000. I signed and returned them a couple of weeks ago. I just received another release letter stating that I would recieve 1000. I need to know is the insurance co. liable for the 2000 and whay are they only paying me for 1 day of missed work if stead of the 3 I actually missed.


Asked on 11/12/04, 5:59 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Settlement from a car accident

The question is difficult to decipher. Assuming that you are talking about an adjuster for the insurer for the vehicle that rear-ended you (and not e.g. your insurance adjuster, and not a workers compensation adjuster etc.), then you would generally be entitled to all of your lost earnings (technically even "lost earning capacity," even if there were no lost earnings). There is no "cap" or "limit" on that, except for the limits of the insurance policy. If course, you must have a real loss (or loss of capacity); documentation of the loss is useful. If you really make $1,000 per day, you're doing quite well for yourself. It is not clear what these "release forms" are. Perhaps with more clarification a better answer can be given. You may be well-served to consult an attorney.

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Answered on 11/12/04, 6:44 pm


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