FAQs
What should I do immediately following a car accident?
Who is liable for paying for my physical injuries as
well as any personal property damage?
Who is responsible for an accident involving my vehicle
and a city street pothole?
Should I take the settlement my insurance company is
offering me?
What issues will I face in making a claim for my
injuries sustained in an auto accident?
What if I cannot afford to pay my medical bills?
When will my personal injury claim be resolved?
What is a permanent injury?
I did not feel pain at the scene and refused medical
treatment. Now, a few days later I am in pain. What should I do?
What should I do immediately
following a car accident?
If you are not severely injured,
collect all pertinent information from the other drivers - driver’s
license numbers, address, telephone numbers, insurance card information,
etc. Keep a daily journal beginning with the date of the accident to
document all physical and mental injuries, as well as document your view
of the accident. Notify the arriving North Carolina police officer of the
events of the accident that you can recall.
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If I am partially responsible for an accident,
can I still make a claim?
In a no-fault state, you and the other driver will collect from your own
insurance companies. In a fault state, whether you can make a claim
depends on whether the state applies contributory negligence or
comparative negligence rules.
- Under contributory negligence rules, you will not
recover if you were partially at fault.
- Under comparative negligence, you can recover a
portion of your damages if you were partially at fault. For example, if
you were 40% at fault, then you would recover 60% of your damages.
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Who is responsible for an
accident involving my vehicle and a city street pothole?
Responsibility for
damage caused by improper maintenance or repair of North Carolina's roads
and highways generally lies with the government agency responsible for the
upkeep of such roadways. If it were a pothole on a city street, the city
would be responsible, etc.
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Should I take the settlement
my insurance company is offering me?
You should not take
any settlements offered by an insurance company without first speaking
with an experienced North Carolina auto
accident lawyer. Insurance companies typically offer a minimal amount of
money in return for your signature stating that you will not sue them.
Never take an insurance check without first consulting an attorney.
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What issues will I face in
making a claim for my injuries sustained in an auto accident?
The three categories
of issues that typically arise in a tort claim after an automobile
accident are:
-
Liability – who is at fault and to what degree
-
Damages – injuries or losses that were caused by the accident
-
Insurance Coverage – what the insurance company will pay for after an
accident
-
A claim for injuries usually is based upon carelessness or negligence.
In worse case scenarios, it involves an intentional or reckless act.
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What if I cannot afford to pay
my medical bills?
If you suffer injuries
from a car accident, you will likely have medical bills from physicians,
hospitals, physical therapists, and other health care providers. Under
North Carolina’s
law, you are primarily responsible for paying your bills, regardless of
the cause of your injuries. The at-fault person's liability insurance
carrier is responsible for paying you reasonable compensation for damages
incurred, which includes medical bills, but the insurance carrier is not
responsible for paying your doctors, hospitals, and other providers.
Sometimes the amount the insurance company is willing to pay is far less
than the actual amount you owe.
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When will my personal injury
claim be resolved?
Personal injury claims
can be resolved in a matter of a few weeks or months. However, they can
take up to several years depending on the complexity of the case. It is
best to speak with an experienced North Carolina
personal injury attorney about your specific case.
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What is a permanent injury?
A permanent injury is
an injury that will be with you for the rest of your life or for some
period beyond the settlement of the claim. In most cases, the injured
party is entitled to compensation from the at-fault party or their
insurance company for all medical bills incurred to date and into the
future for all injuries caused by the accident.
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I did not feel pain at the
scene and refused medical treatment. Now, a few days later I am in pain.
What should I do?
You should immediately consult your
medical provider regarding any pain, discomfort or possible injuries from
a car accident, even if you think they may be only minor injuries. Even if
you did not complain of injuries at the scene of the car accident, you may
be entitled to payment of your medical bills, compensation for pain and
suffering, lost wages, loss of earnings capacity, and emotional distress
due to personal injuries. You should consult an experienced North Carolina
car accident attorney to discuss whether you need representation on your
claim.
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