In June of this year, my daughter was involved in a car accident in North Carolina. Her car was totaled as a result of the defendant’s negligence. She went to the ER and missed two days of work. Her shoulder was injured during the accident, however she did not seek any further treatment afterwards. Her hospital bills totaled about $1100.
The insurance company offered her a settlement in the amount of $1404. We received about $3200 for her car, which was $600 less what we owed.
Do you see this as a reasonable amount, or can we seek more for pain and suffering? Thanks for any information you can provide.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The insurance company’s settlement offer depends on the amount and type of treatment your daughter received. In most cases, insurance companies lend more credibility to medical treatment as opposed to chiropractic treatment. While most chiropractors are honest, providing only the amount and type of treatment an injured patient requires, others have a tendency to unnecessarily over-treat.
If the bulk of your daughter’s treatment was ordered by a physician, the insurance company may only offer enough money to pay for those bills. However, if the insurance company believes the chiropractor over-treated, they may not pay for the amount they believe is excessive. There is no law requiring the insurance company to pay any amount.
In most cases, insurance companies will pay the full amount of medical bills. The payment will depend on the seriousness of the injuries, the type of injures, and length of treatment and recovery. The greater those amounts, the more the insurance company will offer as pain and suffering.
When a car has been “totaled,” the insurance company will normally pay an amount representing the fair market value of the car. You may be able to increase the amount by gathering several classified ads showing what the car was selling for on the private market. Make sure you submit those comparables to the insurance company’s claims adjuster.
Learn more here: North Carolina Car Accident Guide
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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