Legal Question in Insurance Law in North Carolina

underinsured

Due to my medical bills reaching $18,000 since my auto accident a year ago which was not my fault, my intention is to ask for three times that amount since I still have myofascial pain and not fully recovered. The person liable only has $30,000, minimum coverage. What steps do I take in order to get the balance from my underinsured on my policy and is my claim price reasonable?


Asked on 10/24/06, 10:35 pm

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

Re: underinsured

That is a complicated question. You would first need to receive the $30,000 from the liability policy. You would then need to pursue your claim for underinsured motorost (UIM) policy. That would normally be done initially by a simple demand (e.g. a letter). If you can't reach a settlement, then you could then either file a lawsuit, or you could probably demand arbitration. As for the value, that is difficult to assess. The rule of thumb (of three times medicals) does not always work; sometimes your case is worth more and sometimes less. Pursuing a claim such as this can be very tricky, and you may be well-advised to consult with an attorney.

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Answered on 10/26/06, 8:35 am


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