Legal Question in Personal Injury in North Carolina

Car Repaired Inadequately

I was in an accident July 28, 1997. The accident was not my fault. My car was sent to a dealership to be fixed. They had it for 3 1/2 months. When I finally got it back, various items were not fixed correctly. When my car was hit, it was only 7 weeks old. The dealer is saying that they cannot do anything else for me, however there are a few things still wrong with the car. I want the insurance company to pay off my car. Is this a possible request? Can I sue the dealer that won't fix my car correctly? Can I sue the guy that hit me? I also am waiting for a settlement from the insurance company. I hurt my neck and am still seeing my doctor and physical therapist. I know the insurance company is going to want to settle for a low amount. Is there a "standard" percentage of increase of the offered amount? I have gone through a lot of pain and inconvenience in the last 6 months, and it is not over.


Asked on 1/08/98, 10:34 am

1 Answer from Attorneys

Need a lawyer; for sure; contingency fee

Yes, yes, yes. For the insurance company to paid your car you have to show them that the car no longer is useful for the purposes you buy it for b/c of the accident and surrender the car to them.If you have not settle the matter of the accident you can sue the driver of the other car, and his insurance company. You need to be represented by a lawyer for him to negociate with the ins, comp. and with these facts you can contract one on a contingency basis, or for a percentage of what is recovered."standard" percentage no. it depends on the facts of the case.

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Answered on 1/12/98, 6:20 pm


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