Legal Question in Personal Injury in North Carolina

Rear ended on motorcycle by a truck

i was hit by a truck that was going 50mph. i've had surgery, theropy, rehab, 5% disability etc. 50k in dr. bills. and approx. 20k lost wages. my present attny says i'll only be able to use my ins. policy of 100k/50k if the responsible parties ins is less then that. how much of this true and how can i recover what i've lost?


Asked on 10/13/04, 6:21 am

2 Answers from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Rear ended on motorcycle by a truck

Relying on your own attorney is always a good idea. (Of course, sometimes a second opinion is a good idea too...) Anyway, the information is correct. It appears you are talking about Uninsured or Underinsured motorist coverage. This coverage is implicated only if your limits (combined with other UIM policies if any) are greater than the limits of the liability policy (i.e. the policy of the dude that hit you). As for the value of your claim, it would seem to be in excess of $100K, but the facts are insufficient, and your attorney can advise you on that also. (You may have a little "med pay" under your policy, which is a different matter.)

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Answered on 10/13/04, 8:24 pm
George Lennon Lennon, Camak & Bertics, PLLC

Re: Rear ended on motorcycle by a truck

You should rely on your attorney. You have an issue of "stacking" your UM/UIM coverage vis-a-vis the tortfeasor's coverage(s). How much you can recover will depend on policy limits, assets subject to judgment and how much you can prove.

Good luck!

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Answered on 10/13/04, 3:08 pm


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