Legal Question in Insurance Law in North Carolina

Re: Settling out of court with a drunk driver's insurance company

That's a very complicated question. A settlement for $10,000 cannot be deemed "reasonable" without more information. Under NC law, you, your wife and your child can recover for your losses, including medical expenses (probably even if they've already been paid), lost earnings, and "pain and suffering" (assuming, as you've indicated, that the other driver was at fault). Also, if the other driver was drunk, you "could" recover punitive damages, which are also usually covered by his insurance. It is also helpful to know the other driver's insurance limits. Regarding your injuries, even if they will not require "surgery," it is important to know whether any of you have any ongoing or permanent injuries or limitations (e.g. pain, limited range of motion, stiffness); if so, these are generally copmensable. Sometimes it may take 6-12 months or more to get a good handle on whether injuries are permanent. As for your child, a settlement of his/her claim raises lots of complications; in theory, only a settlement approved by the court, using a guardian, would be binding, and the money should be held in trust for the child. As a minimum, an accurate answer to your question requires knowing (a) the medical expenses, (b) lost earnings, (c) length of time since the accident and (d) extent of ongoing injuries.