Legal Question in Insurance Law in North Carolina

Auto Accident - Medical Release Info

My son was involved in an auto accident whereby he was sitting in a parking lot and a under the influence driver crossed over 2 lanes and hit him. The insurance company of the other paid all vehicle expenses.

My son is now complaining of back problems and had an MRI yesterday. Too, he is now afraid to drive in congested areas as a result of this and now refuses to.

1. I have been told that we should receive 2.5 to 3 times the sum of lost wages and medical expenses. Is this accurate? He is a student and has no lost wages.

2. The insurance company is requesting, via form, that we release his medical records. Should I do this?

3. Is he likely to net more money if he gets an attorney?

4. What all can he expect to be reimbursed/compensated for?

Thanks.


Asked on 4/26/06, 1:22 pm

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

Re: Auto Accident - Medical Release Info

Whether you would do better with an attorney depends largely on the nature of the injuries. You must be very careful about the settlement, especially if the injuries have not reached maximum medical improvement, because the settlement will be final. There is no precise formula for the amount of the recovery. It would include medical expenses and pain-and-suffering. (Theoretically he can recover for the anxiety associated with driving, but that is a thornier issue.) There is usually no compelling reason to not provide the insurer with the medical records. Your son may, however, be best served by retaining an attorney.

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Answered on 4/26/06, 6:42 pm


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