complwyrThis isn't a negligence case, it's a PI auto accident claim.Punitives are not available in NC negligence actions.
The OP would be eligible for "medical and funeral expenses, lost wages, disability, rehabilitation, pain and suffering, law suit settlements and legal expenses."- in other words, he would be made whole.
There would be no reason to collect twice from the comp carrier.
See Pg.1 in the below source.
Bodily Injury Liability
This coverage will pay for damages to other people as a result of an accident caused by you or
another covered driver. Examples of damages include medical and funeral expenses, lost wages,
disability, rehabilitation, pain and suffering, law suit settlements and legal expenses.
From what I've seen in this forum over the years, I can understand why.The insurance companies are making plenty of money, because they are very adept at screwing over most claimants,
Hell, we've had people with a smashed pinky finger trying to get a total disability rating and trying to retire at the old age of twenty five years old.
We have people filing a stress claim because their boss asked them to work overtime - they too think they qualify for a total disability award and SSDI.
Then we have people who file several claims with several employers for the same injury and believe each employer should pay the max amount of wage loss.
Hell why stop at double dipping, let's triple and quadruple dip.
I get sick of seeing the scams in this place - this is why the innocent people who are truly injured are put through hell.
I say just collect what's fair and count your blessings - quit trying to game the system and screwing it up for everybody.
There's no reason anyone should be entitled to two awards for the same incident, I don't care what the rational is.
It's just plain greed and makes me question the integrity of the entire case and the character of the claimant.