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Category: Personal Injury

What Exactly is Med Pay?

Personal Injury

When it comes to insurance med pay is a term that gets thrown around a lot, but I’ve found that a lot of people aren’t really sure what it is. Med pay refers to medical payments coverage, and it’s generally bought alongside car insurance. It’s a very catch-all kind of insurance that covers a wide range of injuries that you could get if you were to be involved in a car accident.

When you purchase med pay, the insurance company agrees to pay reasonable expenses for the necessary medical treatment you receive as the result of your accident. This basically means that they’re going to cover your accident-related injuries as long as you don’t send them an unreasonably high bill. They’ll look at the cost of similar procedures in the area where you received treatment to determine whether or not the cost of your procedures is unusually high.

As with many other kinds of insurance, there is a limit to how late you can make your claim. In the case of med pay, you have three years from the date of your accident to make your claim. Med pay can also cover more than one family member, and it doesn’t matter whether they’re driving, a passenger, or a pedestrian who’s been struck by a vehicle.

If you’re wondering how much med pay insurance costs, the answer varies on how much coverage you want. Some plans can be as cheap as $500 while others could be a $1 million, if you wanted to spend that money.

If you’ve been injured in an accident, don’t go it alone. Work with an experienced attorney who has the experience to protect your rights. Give Oxner + Permar a call for a free consultation.

Is My Landlord Responsible for Carbon Monoxide Poisoning?

Personal Injury

Generally, landlords are responsible for making sure that their tenants’ homes are well maintained and up to safety regulations. So if your landlord failed to meet these standards, and you were injured as a result, he or she may be accountable. The problem is, with something like carbon monoxide poisoning, there can be some grey area about who’s responsible.

If your exposure was caused by something like a broken furnace, pipe, or anything else a landlord is responsible for fixing or maintaining, the landlord is likely to be held accountable — especially if you notified them that there was a problem. If they refuse to fix a problem that you pointed out to them, and you end up getting hurt as a result, they will almost certainly be held accountable.

Things can start getting tricky when the carbon monoxide exposure happens because of an appliance or device that was not broken when you moved in. For example, let’s say you have a gas stove that was properly inspected right before you moved in. Everything was fine with the stove, but a few months later you accidentally damage the stove which causes it to begin leaking carbon monoxide. In this case, your landlord probably won’t be considered responsible.

The same is true if your stove was leaking due to a manufacturing problem. In this instance, you might have a case against the manufacturer instead.

North Carolina law requires that homes have carbon monoxide detectors. If your landlord did not install a carbon monoxide detector and you suffered carbon monoxide exposure, your landlord could be liable.

If you’ve suffered from carbon monoxide exposure, be sure to contact an experienced attorney to help handle your case. At Oxner + Permar, we offer a free consultation. We’ll help evaluate your case and decide your next steps.

Binding Arbitration: When Not to Go to Court

Personal Injury

I find that many clients assume the best way to win their case is to take it to court and make sure that it is heard by a judge and jury. The truth of the matter is that a trial isn’t always the best (or fastest) way to go about it.


For instance, I recently worked with a client who was injured by an uninsured driver and made a claim for underinsured motorist coverage. Our first step was to submit a demand to the insurance companies. They made an offer of $20,000. That might seem like a fair amount of money, but the reality of the situation was that it only covered the medical bills.


Rather than taking the matter to court, we demanded arbitration with the insurance carriers. They agreed to meet for voluntary mediation. During the mediation, the insurance carriers upped their offer to $30,000. However, they refused to negotiate any further.


I knew that my client deserved more than this, so we went to binding arbitration. Binding arbitration is like a very informal, mini trial in which the rules of evidence don’t apply. Instead, an impartial third party is brought in to hear both sides and decide on a ruling. In this case, the arbitrators came back with an award of $50,000 — $20,000 more than the insurance companies had offered us!


It just goes to show that sometimes the best course of action is to utilize binding arbitration when it is allowed. This kind of hearing can be efficient for settling claims and can result in rewards that are substantially higher than the original offers.


If you or someone you know has been wrongfully injured, be sure to contact an experienced lawyer at Oxner + Permar. With more than $275 million in awards and settlements, we know how to make wrongs, right.


Will My Medical Malpractice Case Hold Up in Court?

Personal Injury

When we visit the doctor, we’re putting our trust in them…counting on them to know what they’re doing and that they’re doing what’s best for us. After all, they’ve been to medical school and are trained to understand how the human body works and what we need when we’re sick or injured. However, doctors are human and as the saying goes: to err is human. So what happens when a doctor or other medical professional makes a mistake and you find yourself more injured in the process? Will an attorney take on your case?


This is one of those tricky situations in which I have to say “it depends.” Unfortunately, medical malpractice suits are often very complex and difficult. In 2014 of all the medical malpractice cases in North Carolina, only 147 of them received settlements. This means many attorneys can be very wary of these kinds of cases, and some won’t take them on at all.
It’s good to know that at Oxner + Permar we do take on medical malpractice cases. If you’ve been the victim of medical malpractice, we invite you to give us a call. That way we can assess whether or not your case will likely hold up in court. We have a lot of experience dealing with these kinds of cases, which means we know what we’re looking for. We won’t take on a case we know doesn’t stand a chance, but we can at least advise you on how to proceed. And in the case that you do have a court-worthy claim, we’re ready to stand up for you.


If you’ve been the victim of a medical malpractice case, don’t hesitate to give us a call. We offer free phone consultations so that we can assess your case.

Is It Possible to Obtain the Insurance Policy Limits from the Negligent Driver in My Case?

Personal Injury

Knowing insurance policy limits can be a huge advantage when dealing with a case against a negligent driver and their insurance company. However, in North Carolina, insurance companies are not required to reveal how much insurance the at-fault driver has or what their policy limits are. As such, most insurance companies won’t reveal this information, as it would give you the upper hand when it comes to negotiating a settlement and could cause them to have to pay out more.


There is however a way to get insurance policy limits from an insurance company. North Carolina General Statute 58-3-33 allows you to request this information from an insurance company if you have been injured or incurred property damage at the fault of one of their clients. In order to receive this information, you have to send a request to the insurance company via certified mail.


You must:

  1. Provide medical record releases and allow the insurance company to obtain three years of prior medical records and any medical records pertaining to your injury.
  2. Consent to the mediation of the claim.
  3. Submit a copy of the accident report and a description of the accident that’s detailed enough to allow the adjuster to make a liability decision.


These three points must be outlined in your letter when you request the insurance coverage limits. The adjuster will have 30 days to respond with the insurance policy limits after receiving your letter.


Obtaining the insurance limits of the negligent driver in your case can make a huge difference in your settlement. Be sure to seek guidance from an experienced attorney if you have any questions.