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In North Carolina, what are the typical limits to personal injury coverage? Also, how often do claims go to litigation?

Chapel Hill, NC |

I am currently completing a project for a class which requires information about

Attorney Answers 3


  1. Good questions. There are no typical limits of coverage and that is part of what makes this are of the law challenging. To determine what coverage is available,you have to obtain the at fault driver's insurance policy to see what coverage he or she opted to buy. There are minimum requirements set by most states but after that it is up to the purchaser. The only time you can anticipate significant coverage is with commercial vehicles. Companies will usually have a lot of coverage, a million dollars or more. Some areas, like interstate trucking, require million dollar coverage. As to your second question, most cases settle. In my practice, about ten to twenty percent of auto cases are placed in litigation and of those, about twenty five percent actually go to trial. You may want to consult the ABA and AAJ websites to see if they have more detailed statistics. Hope this helps!


  2. Go to your state's website and look at the codes or statutes with the words "punitive damages" or "medical malpractice" - these are areas where some states have elected to cap tort damages. You can also call a local personal injury lawyer who would probably be more than happy to answer your question or a torts professor at one of the law schools in your state. I don't practice in your state so can't answer you more specifically without researching it myself.
    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


  3. I am a NC attorney. The minimum limits are $30,000 per person, and a majority of drivers on the road probably have this coverage. Sometimes, drivers will pay a little more for $50,000 in coverage. In rare cases, there is $500,000 in coverage. If there is a commercial policy, it can be far higher.

    Litigation depends on the facts of your case. Some cases go to litigation frequently such as: low property damage, back cases with extensive priors, gaps in treatment, etc. Also, in higher value cases, the attorney should usually file suit because insurance companies will not make full offers without some litigation.

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