Quiz Time! Personal Injury Claims
Ready for another quiz? School is back in session for students of various ages so you can take a few moments to join the club. The quiz will be brief but hopefully instructive and entertaining all at once. Answers are below and, please, no peeking. As always, good luck!
1. How long do you have to file a lawsuit for personal injury in North Carolina?
a. Two years from the date of injury b. Three years from the date of injury c. 30 days from the date of injury d. One year from the date of discovery of injury e. No real limit
2. You are injured in an automobile collision and file a personal injury claim. Subsequently you settle your claim and now it is time to disburse your settlement funds. Which of the following does NOT have the right to claim a lien against your personal injury settlement?
a. chiropractor b. hospital c. tow truck operator d. physical therapist e. physician
3. North Carolina applies __________ to negligence and accident cases.
a. comparative negligence b. no-fault law c. modified comparative negligence d. contributory negligence e. canon law
4. True or false: Medical payments coverage is required on all automobile insurance policies in North Carolina.
5. True or false: A driver may recover against her own medical payments coverage for hospital bills she incurs in an accident in which she was at fault.
6. True or false: In North Carolina an animal’s owner is strictly or automatically liable for any injuries caused by the animal.
1. B. Generally speaking, you must file a lawsuit within three years of the date of the injury or else your claim is lost. As to how soon you should reporting the claim to the other party or it’s insurance company you should strive for “as soon as practical.” As you can imagine an insurance adjuster could be quite skeptical of an injury claim that is not reported for three weeks after the injury occurs. Less reason to be skeptical of a claim filed within three days of the injury.
2. C. The tow truck operator who hauled your vehicle from the scene and stored it until it was moved is entitled to be paid but not from your settlement proceeds. The tow truck operator has a lien but of another variety. The chiropractor, physical therapist, physician, hospital, and any other healthcare providers who evaluated and/or treated you for your injuries can assert liens (an automatic right to payment) against your settlement but they must follow a few rules to do so.
3. D. Contributory negligence is a somewhat harsh rule that applies in accident cases in North Carolina. Click here to read more about how this rule could affect you.
4. False. Medical payments is quite inexpensive relative to the other coverages you can have on your auto policy but it is not mandatory. Click here to read more about medical payments coverage.
5. True. Strange yet true.
6. False. Generally, an injured person must show some negligence and prior knowledge [of the animal’s propensity to cause injury] to recover. Click here for more information.