Legal Question in Personal Injury in North Carolina
Settlement Advice for rear end collision
In Nov 04, I was at a total stop on an interstate, and rear-ended by a person doing 55+MPH. She was cited. There was $5000.00 frame and body damage done to my truck. I was treated and released from an emergency room. I missed four days of work (used S/L). I have since been receiving P.T. for soft tissue damage at the base of my skull. At best, I continue to have mild pain after 2 months. My medical bills paid by my health insurance, and by me have been in the nieghborhood of $5000.00 so far. 2 questions. 1. Does the other driver's insurance company (they're wanting to get this settled) pay the billed amount by the medical providers, or the paid amount by my Health insurance provider? The allowable amount by my insurance co is about $3000.00 less than the billed amount. 2. What would be a reasonable amount I should consider to settle. I do not know how my neck will feel 5, 10, or 20 years from now. One extra item: 17 years ago, I broke my neck and upper back in an accident, but up until know, have not had complications.
1 Answer from Attorneys
Re: Settlement Advice for rear end collision
As for issue one, there is in my opinion no clear-cut answer (as to whether you are entitled to recover the amount charged by the hospital, or the amount paid by your insurer). I have seen this issue debated. My personal opinion is that you are probably entitled to the amount you are charged, as long as it is not greater than the "fair market value" of the medical services. Anyway, for starters I would suggest basing your claim on the amounts charged by the hospital.
As for the second question, it is really impossible to value the claim based on this information alone. Some of the more critical variables are your current condition, the prognosis, potential surgical or other intervention etc. There may be more medical expenses; and a doctor might assign you a "permanency" rating. (Also, the prior injuries may be relevant, but you would generally be entitled to any aggravation of a pre-existing condition.) It sounds as if your injuries are sufficient to warrant retaining a lawyer to assist you.
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