I've been in Personal injury suffered at the Durham Station - Public Transportation, riding the Bus 5 towards to South Point Mall and the whole passenger collapsed they took me to the Duke Hospital ER after 5 days this injury they diagnosed a GROI...
The next step is to consult a personal injury attorney with experience handling claims of lien. Some liens must be paid in full, regardless of whether that leaves little or nothing for you out of the settlement. Other liens can be reduced, either by operation of law (meaning there are laws requiring the lien to be reduced) or through negotiation; and then, some claims of lien are unenforceable. It's difficult to know which is which - that's why it is important to consult with a personal injury attorney experienced in dealing with claims of lien.See question
I was involved in an auto accident in which I was not at fault and the other party was cited. The other party was cited for not slowing and for expired registration. After both insurance companies conducted their investigations, it was determined ...
Presuming you were not injured and are just seeking repair for the damage to your vehicle, you have a collision claim against your insurance company. Your insurance company will pay for the repairs and will then seek recovery from the other party, who was at fault.See question
I got into a minor rear end collision where I hit the rear end of this lady's vehicle, causing no damage to hers but eradicating my own front fender etc. Besides that I was written up a ticket to appear in court since I was in the wrong... So I wa...
A ticket (infraction or criminal charge) that is dismissed in North Carolina means it is dismissed - the court will not conduct a hearing (trial) and you have no obligation to pay a fine or court costs.
The courts in several NC jurisdictions view motor vehicle collisions as civil, rather than criminal, matters and may dismiss a charge arising out of a collision as long as your insurance company provides confirmation it has accepted responsibility for any damages arising out of the collision.See question
My husband was in auto accident that left us with only one car to use. Luckily he was the only person in the vehicle. The woman who hit my husband was under the influence and was arrested at the time of the accident. Her insurance company, Allstat...
In North Carolina, I suggest your husband can make a claim for property damage (loss) of the vehicle; a claim for his personal injury, which can include medical bills, lost wages, permanent impairment, any scarring and pain and suffering - he will need to actually have medical bills and lost wages to make such a claim, so if he is having back pain, he needs to seek medical treatment and lost wages can only be claimed if he actually loses wages/income as a result of his injury); a claim for punitive damages since the at-fault driver was driving while impaired; and you may have a claim for loss of consortium (which is defined as the loss of the marital relationship [difficult, if not impossible, for you to recover for your grades, but maybe it could be evidence of the effect of your husband's injury upon your relationship.])See question
I had a car accident and I had the write of way. My car has high probability to be totaled, and I don't have a gap insurance. Since it's not my fault, is there a legal way to make the other driver pay for my car loan ?
The at-fault driver is only responsible for the difference in market value of the car before the accident and its market value after the accident. For example: if the car was worth $10,000 before the crash and is only worth $500 now, the other driver would owe you $9,500.
Since you mention a lack of gap insurance, it sounds like you already know that the remaining loan balance exceeds the value of the car - it appears your question is whether you can force the at-fault driver to pay the difference between the value of the car and the remaining balance of the loan - that answer is "no."See question
I was rear ended in a car last year. The insurance company has accepted full liability and at the conclusion of my treatment I began negotiations with the insurance company. It has been difficult to get the adjuster on the phone so the last time I...
Presuming you are negotiating with a liability insurance company for the driver who hit you, the answer is "yes," she can do that and "no," it's not bad faith.
North Carolina does not recognize "bad faith" by a third party, which means the other driver's insurance company has no obligation to treat you fairly.
The answer might be different if the other driver did not have insurance and you were pursuing an uninsured motorist (UM) claim. Your insurance company has a duty to treat you fairly.See question
Last week, I slipped & fell on the ice in front of my apt. complex. I let the injury go a few days then went to the hospital as the pain was becoming unbearable, turns out I suffered a nasal fracture. I called & told my landlord & said I needed he...
Yes, it is "legal" and there is nothing you can do other than to call her every day.
Unfortunately, that may not be enough for you to be successful.
This is a "premises liability" case and such cases are difficult to win in North Carolina because of the doctrine of contributory negligence, which means that if you contributed to your injury in any way, you can't recover.
Property owners (landlords, too) have to protect others from known hazards, as well as hazards they should know about. Ice, is certainly a hazard however, your comment that you asked about plowing the driveway or putting out ice melt indicates you had equal knowledge of the danger of the ice accumulation. I am pretty confidant the landlord's insurance company will argue that you were negligent as well in causing your injury and will deny your claim.
That doesn't mean you can't be successful, but you need to be aware of the difficulty. The best thing for you to do is to contact a local attorney who handles personal injury cases (not traffic tickets, not wills and estates, but PI cases) and speak with him/her in greater detail.See question
I was in a car wreck the other drivers fault,totaled my truck.He had no insurance for bodily harm.Allstate is my Insurance company.My uninsured driver policy covered me.Chiropractor was 1800.00,Hospital was 600, and a few more small bills,they o...
Impossible for a lawyer to say with the limited information you provided; improper as well. In reality, only you can decide whether to accept or reject a settlement offer - it would probably be in your best interest to schedule an appointment with a local attorney to discuss your case in greater detail.
You didn't mention med pay coverage. I'm "guessing" the money to be paid to the chiropractor is being paid pursuant to "med pay" (you probably signed an agreement allowing the chiropractor to seek your med pay coverage) and the carrier is claiming "credit" for the med pay payment against the settlement paid pursuant to the UM coverage. It's complicated - that's why you need to meet with a lawyer.See question
I was in an accident a few years ago. I was driving and found at fault. The other driver settled with my insurance company. My girlfriend was with me. She was 17 years old at the time, so her mother hired a lawyer to handle all insurance claims. H...
Maybe - you have not provided enough information to determine whether "SIGMA" can "legally" claim reimbursement against your girlfriend's father.
Usually, health insurance companies cannot seek reimbursement (the law calls it "subrogation") for claims paid arising out of a motor vehicle collision - that's what the insurance contract requires the company to do: pay for medical expenses. North Carolina actually prohibits such claims through its Administrative Code.
However, federal law supercedes North Carolina law if the medical payments were made pursuant to a self-funded ERISA plan. That's a fancy name for a health care plan provided by an employer, for which the employer pays all of the money that is used to pay the medical bills/claims - it's not insurance, but the distinction is not important except for the fact that the employer can claim reimbursement for the payments made. Usually, only large, national companies provide self-funded ERISA health-care plans.
If "SIGMA" actually provides health insurance, it is unlikely it can seek recovery of the medical bills paid foryour girlfriend's injury, from the father. However, if "SIGMA" is the administrator of the company's health-care plan, it is possible it can claim reimbursement for the medical bills paid if, it is truly a self-funded, ERISA plan.
The father needs an attorney with experience dealing with ERISA claims - attorneys who handle personal injury claims usually, but not always, know how to handle such claims. It is important that the attorney has such experience because it is not unusual for a plan administrator to claim a right of reimbursement pursuant to ERISA, when the plan is not actually a self-funded, ERISA plan and such an attorney can determine the validity of the claim and then deal with it appropriately. If, in fact, there is a valid ERISA claim, reimbursement should have been paid out of your girlfriend's settlement proceeds.See question
If my bills have been paid by an older man since 2008 is he obligated to keep paying these bills. Rent, power, cable, insurance, cell phone, etc.
Only if his name is on the lease and the other contracts; If he has been paying these bills because he wants to, rather than being required to by his agreement with the leasing company, the power company, the cable company, the cell phone company, etc.,, the answer is "no."See question