- Jurisdiction
- North Carolina
3 years ago (January 2016) I was rear-ended with the other driver at fault. I got a concussion and whiplash, which required medical treatment and some time out of work. I pursued legal help the same month for the out of pocket expenses for my car and medical bills. I signed a contract stating there were no fees unless I received any compensation (~30% would be the attorney's percentage). For the next year, I couldn't get any updates when I called the law firm. I received a letter last December (2018) stating if I didn't send a check for $100 my case would be dropped. I never sent in the check since I lost all confidence in them at this point.
It's now March 3 years after the wreck, and the law firm said they won a settlement after filing the suit in late December (2018). They have contacted me to come sign a new document. The only information the attorney would give over the phone about the letter from December was it was there to protect for statute of limitations and the $100 was for filing fees. He settled for the limits of the primary carrier. When I asked questions, I was again asked to just come to the office to talk and sign new documents. My end goal was just to have the other insurance company pay for what I had to pay out of pocket in medical bills (~$2500-3000) and damage to my own vehicle, and I have zero interest in going after the other driver personally.
What does it mean to pursue a new case for under insured motorist? Is this supposed to be 2 separate legal cases? Am I required to sign a document of agreement to collect primary coverage from the at-fault driver's insurance (still unsure what that means)? Is it true that clients must sign documents/pay filing fees pre-settlement to protect their statutes of limitations? What does it mean to "settle for the limits of the primary carrier"?
It's now March 3 years after the wreck, and the law firm said they won a settlement after filing the suit in late December (2018). They have contacted me to come sign a new document. The only information the attorney would give over the phone about the letter from December was it was there to protect for statute of limitations and the $100 was for filing fees. He settled for the limits of the primary carrier. When I asked questions, I was again asked to just come to the office to talk and sign new documents. My end goal was just to have the other insurance company pay for what I had to pay out of pocket in medical bills (~$2500-3000) and damage to my own vehicle, and I have zero interest in going after the other driver personally.
What does it mean to pursue a new case for under insured motorist? Is this supposed to be 2 separate legal cases? Am I required to sign a document of agreement to collect primary coverage from the at-fault driver's insurance (still unsure what that means)? Is it true that clients must sign documents/pay filing fees pre-settlement to protect their statutes of limitations? What does it mean to "settle for the limits of the primary carrier"?
