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?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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