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Accident Q&A series

  1. Does my child need to sign a medical records authorization so an urgent care provider can send records to the attorney?

    Usually, a parent or legal guardian signs the authorization when the child is under 18 and received ordinary urgent care treatment.

  2. Does ending counseling after several sessions reduce the value of my injury claim?

    It can affect how an insurer evaluates your claim, but ending counseling after several sessions does not automatically defeat or reduce it.

  3. Does a letter of representation need to include the insurance claim number?

    No. An insurance claim number is generally not required for an ordinary letter of representation in a North Carolina personal injury claim.

  4. Can unused medical-payment coverage be applied toward outstanding medical liens?

    Yes. Unused medical-payment coverage may often be claimed for covered, accident-related medical expenses, and a payment to a provider can reduce the balance…

  5. Can my attorney accept a personal injury settlement after I authorize the amount?

    Yes. If you clearly authorize a settlement amount, your attorney can generally communicate acceptance to the insurer on your behalf.

  6. Can I file a complaint if I believe an insurance company did not fairly investigate my accident claim?

    Yes. You may ask the insurer to reconsider its decision and file a consumer complaint with the North Carolina Department of Insurance if you believe the claim…

  7. Can I attach a letter of representation to a complaint about an insurer's wrongful denial?

    Yes, a letter of representation can generally be attached to a North Carolina insurance-regulator complaint if the attorney actually represents you in that…

  8. Can anxiety and PTSD be included in my car accident injury claim?

    Yes. Anxiety, PTSD, and other documented emotional effects may be included in a North Carolina car accident injury claim when evidence connects them to the…

  9. Can an insurer require me to decide what happens to my car before providing a repair estimate?

    An insurer may ask whether you intend to keep a damaged vehicle, especially if it may be a total loss.

  10. Can an insurer reduce my injury claim based on health insurance adjustments to my medical bills?

    Yes, an insurer may consider verified health insurance adjustments when evaluating the medical-expense portion of a North Carolina injury claim.

  11. Can an insurer deny my entire injury claim by finding me even slightly at fault?

    Yes, an insurer may deny a North Carolina negligence claim by alleging that your own negligence helped cause the accident, even to a small degree.

  12. Can an insurance regulator investigate an insurer for wrongfully denying an accident-related claim?

    Yes. The North Carolina Commissioner of Insurance has authority to investigate a complaint alleging that an authorized insurer violated state insurance law…

  13. Can ambulance and emergency medical charges be considered if they were not submitted to health insurance?

    Yes. Ambulance and emergency medical charges may still be considered in a North Carolina personal injury claim even if they were not submitted to health…

  14. Are my healthcare providers supposed to send my medical records directly to the law firm?

    Not automatically—after the law firm sends a proper request and your signed authorization, a healthcare provider may send the requested records and bills…

  15. Who may be responsible when a public bus passenger is thrown from their seat and injured?

    The bus operator, the driver’s employer, or the government entity responsible for the transit service may be responsible if unsafe driving caused the…

  16. Which auto insurance policy applies when I am involved in a crash while driving a company truck?

    More than one policy may apply. If another driver caused the crash, that driver’s liability policy is usually the first source for an injury claim; if you are…

  17. What should I do if the insurance company says it has not received notice that I am represented?

    Notify your attorney and provide the adjuster’s name, contact information, claim number, and a summary of the conversation.

  18. What should I do if the insurance company contacts me directly for an update about my injuries?

    If an insurance company contacts you directly, avoid giving a detailed injury update before speaking with your attorney.

  19. What happens when the same insurance company handles the company vehicle policy and the other driver's claim?

    The insurance company will usually open separate claim files for its different roles, but using the same insurer does not eliminate coverage disputes or…

  20. What happens when the same insurance company covers both drivers and denies both claims because it says fault cannot be determined?

    The denial does not legally decide who caused the crash or necessarily end either claim.

A path forward

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