Firm news
Accident Q&A series
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What should I do if I was initially told there was no lien but a lien was later asserted?
Do not assume either notice is final. Ask for the later claim in writing, an itemized payment history, the legal or plan language supporting repayment, and an…
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What medical records are needed before an insurance demand can be submitted?
An insurance demand can sometimes be submitted before every record is available, but it is usually better to obtain complete records and itemized bills from…
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What information is needed to open a subrogation file after a rear-end collision?
To open a health-plan subrogation file, you usually need the injured person’s plan information, collision details, injury-related treatment information,…
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What information does my insurer review when deciding an underinsured motorist claim?
Your insurer usually reviews coverage, fault, the at-fault driver’s insurance limits, medical evidence, financial losses, and whether the crash caused your…
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What happens when an insurance company makes its final settlement offer?
A final settlement offer usually means the insurance company says it will not voluntarily increase its current offer.
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What happens if the insurance company's final offer is below the minimum amount I authorized?
Your attorney generally should not accept an insurance offer below the minimum amount you authorized unless you give new approval.
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What happens if I reject an insurance company's final settlement offer and seek greater compensation?
You may reject the offer and continue seeking greater compensation, but a higher payment is not guaranteed.
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What happens after I approve the medical bills and records for a personal injury demand?
After you approve the medical bills and records, the demand package is usually finalized and sent to the insurance adjuster for review.
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What evidence should I preserve if the store prepared an incident report after my child's fall?
Preserve more than the store's incident report. Save photographs, video, witness information, receipts, clothing and footwear, medical records, bills, and a…
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What evidence can show that a store knew or should have known about water on the floor?
Evidence may show that an employee created or saw the water, someone reported it, or the water remained long enough that a reasonable inspection should have…
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What does a negative self-pay balance on a medical statement mean?
A negative self-pay balance usually means the medical provider’s system shows a credit in the patient-responsibility portion of the account, rather than an…
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Should I sign a settlement release before my underinsured motorist claim is resolved?
Usually, you should not sign the at-fault insurer’s settlement release until the required underinsured motorist notice process has been completed and the…
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Should I provide information or a statement directly to the store's insurance company?
You may provide basic contact and claim information, but consider getting legal advice before giving the store’s insurer a detailed or recorded statement.
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Should I continue chiropractic care if it is helping before trying to settle my claim?
Do not change helpful chiropractic care merely to speed up a settlement, but decide whether to continue treatment with your treating provider based on your…
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Should a medical provider avoid re-signing an older treatment note with the current date?
Generally, yes. A provider should avoid re-signing an older treatment note in a way that could make the note appear to have been created or completed on the…
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Is it acceptable for treatment records to have different formatting after a medical office changes software?
Yes. Different formatting is generally understandable when a medical office changes electronic record systems, as long as the records remain complete,…
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Is a diminished-value claim worth pursuing for a newer vehicle that has already been repaired?
Yes, a diminished-value claim may be worth evaluating when a newer vehicle is worth less after collision repairs because of its accident history.
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How does underinsured motorist coverage apply when the at-fault driver's insurer offers its full policy limits?
An offer of the at-fault driver’s full liability limits may open the door to an underinsured motorist claim, but it does not guarantee additional payment.
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How does completing medical treatment affect a health insurer's subrogation claim?
Completing medical treatment does not automatically create, end, or fix a health insurer’s subrogation claim.
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How does a diminished-value claim work if the accident happened where I used to live and I have since moved?
Moving after an accident does not usually erase a diminished-value claim. If the collision occurred in North Carolina, the claim will generally remain tied to…
