What to do if i was hit and my dog was in the car with me and suffered an injury that cost me $7,000?

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What to do if i was hit and my dog was in the car with me and suffered an injury that cost me $7,000?

I was hit head on in an auto accident last month. The other party was charged with being at fault and has minimum limits of $30,000. My dog was injured which is personal property I was told. He has had surgery and this bills are totaling over $7,000 now and it’s on a credit card. I don’t want to wait until I settle my claim. I have extensive injuries and it will take time a long time before being released. Can I sue them now for help with these bills maybe in small claims court? What can I do? I am so miserable and angry; this is not fair.

Asked on January 14, 2018 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue for any costs (including your dog's medical costs) caused by the accident, and you can sue pending (or while awaiting) resolution of the claim. Any amounts you win the lawuit will be offsets against any amounts from insurance--that is, you won't get double paid (by insurance and through the lawsuit) for the same cost or injury or damage, so either your insurance recovery will be reduced or if they cut you a check which includes the $7,000 for the dog's injuries, you'll have to ultimately repay them any money you'd already received from the lawsuit.


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