Legal Question in Personal Injury in North Carolina

personal injury limitations

I was involved in an automobile accident, at which the other driver was totally at fault, and charged. I hired an attorney to collect for medical and damages. The attornely told me that the most I could collect under ANY circumstances was the limit of the other driver's liability policy. And yet I seem to frequently hear of personal injury cases where the plaintiff is awarded far more than the amount of the policy holder's liability...and these cases are directed at the insurance company rather than the policy holder. My medical bills far exceeded the limit of the other driver's policy,,,and while my attorney did win the case, such as it was, being pretty much 'open and shut', I need to know if I could have gotten more, since I continue to get medical bills.


Asked on 11/15/08, 7:31 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: personal injury limitations

That information sounds right. The most can recover is the greater of your injuries or the insurance coverage available (unless you want to pursue the assets of the at-fault driver). The typical insurance sources are the liability policy for the at-fault driver, as well as possibly your own under-insured motorist insurance policy.

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Answered on 11/15/08, 10:55 am


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