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Underinsured motorist and lengthy case

Discussion in 'Auto Accidents, Injuries' started by tired owl, Mar 10, 2019.

  1. tired owl

    tired owl Law Topic Starter New Member

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    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"?
     
  2. army judge

    army judge Super Moderator

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    You have an attorney.
    It is unethical for other attorneys to become involved in YOUR case.
    Ask your attorney, or do an internet search.

    Ask your attorney, or do an internet search.

    Ask your attorney, or do an internet search.

    Ask your attorney, or do an internet search.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    For Pete's sake, just go to the damned lawyer's office and get this taken care of.

    You'll probably walk out with a check for more than your out of pocket expenses.
     
    army judge likes this.

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