Frequently Asked Questions
About Motor Vehicle Accidents
Q: I have been in an automobile accident. What should I do?
A: If you have been injured or are uncertain as to whether you have been injured, you should seek medical attention immediately in order to be evaluated without delay. Delaying medical evaluation may hurt your insurance claim when it comes time to settle. Do not give a recorded telephone interview to the insurance adjuster without consulting with an experienced attorney first. The insurance adjusters are practiced at taking advantage of your misstatements.
Q: Are there parties other than the at-fault driver against whom I can take legal action?
A: Finally, if the owner of the car driven by the at-fault driver negligently allowed the driver to use the car, the owner may be liable, too.
Q: Do I have to go to court if I want to recover monetary damages?
A: Most cases are settled without going to Court or filing a lawsuit.
Q: What is contributory negligence?
A: North Carolina is one of only four states that still allows a defense of contributory negligence. This means that even if you were found to be 1% negligent while the other driver was 99% negligent, you would not be able to recover damages. Other states use comparative negligence which means that you would recover 99% of your damages in this situation. This makes it extrememly important that you consult with an experienced attorney before agreeing to make a recorded telephone statement regarding the accident or your injuries.
Q: How much is my personal injury case worth?
A: Your attorney can speak with you about this, but even attorneys can't necessarily pinpoint what your case is worth until it is close to a resolution. Many factors, including the circumstances of the accident, the state of the drivers involved and the insurance companies influence the outcome. So do your medical bills, your loss of income and the nature of your injuries. An experienced lawyer can work with you to decide whether to pursue legal action and how to proceed.
Q: How soon do I need to bring my legal claim against the other driver?
A: It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy specifics. In North Carolina the applicable statute of limitations for injuries is 3 years from the date of the injury and 2 years for wrongful death caused ny another's negigence. This means that you have to either settle your claim or file suit within that time period otherwise you will lose the right to recover.
Q: What if the insurance company offers me a check right away?
A: Before you accept anything - or sign anything - from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to recover additional amounts or sue later if you need additional medical care. Typicall, the insurance company will require you to sign a release of any further rights if you accept a settlement check. Early settlement payments can be very dangerous. Also, if you attempt to negotiate the claim on your own, you will likely get a low-ball offer and then hiring an attorney will not work to your benefit since the insurance adjuster will stick to his original offer. Consult our experienced attorneys before you negotiate with the insurance company.
Q: What if the other driver, who caused the accident, has no insurance?
A: Even though North Carolina requires all drivers to carry a certain level of auto insurance, that doesn't mean that everyone follows the law. North Carolina requires insurance companies to offer drivers uninsured and underinsured motorist coverage. If your insurance policy has this feature, then it may compensate you for your losses. You should always protect yourself with the highest uninsured and underinsured motorist coverage you can afford. Surprisingly, the additional premium to buy higher coverage is far less than the original premium you are paying for the lowest coverage. It has been our experience that insurance adjusters do not fully disclose this fact to you since a lower coverage limts the insurance company's risk while they are getting most of the premium they would get under a higher coverage.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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