Legal Question in Personal Injury in North Carolina
How long to I have to file AutoAccident claim
Was Rear-ended in Nov. of 2003 by person with high alchol content just below legal limit. Lost 3 days of work and continue to have back pain. Insurance company keeps calling but I dont return calls
How long do I have to file a claim and what is the ranage I should settle for?
2 Answers from Attorneys
Re: How long to I have to file AutoAccident claim
you likely have 1 year from date of last medical treatment. Be careful dealing with the insurance company on your own. They know you have nothing to back up your demand. i.e. You can't take them to court on your own. They will likely offer a low settlement. Seek 3 times the medical but be prepared to negotiate.
Re: How long to I have to file AutoAccident claim
Based on the facts given, liability seems clear. I.e., you are entitled to your "damages," consisting of medical expenses, lost wages, scarring, and "pain and suffering." It is very difficult to evaluate such claims. If you have a permanent injury, then three times the medical expenses may be quite insufficient to fairly compensate you. The statute of limitations is three years from the date of the accident; that is quite clear (assuming e.g. you are not a minor). The alcohol issue is not likely to be very relevant, except that it may provide a slight impetus for the insurance company to settle. You may want to consult a lawyer. The details of your injuries are very important to a reliable evaluation. Once you settle, you can assert no more claims; therefore you should be careful when entering a settlement, considering carefully the extent of your injuries.