FAQS – Personal Injury

I was just in a car accident in North Carolina.  Now, what do I do? 

Immediate Steps at the Scene:

1. Ensure Safety:

1. • Check yourself and others for injuries.

1. • If possible, move your vehicle to a safe location out of traffic.
2. Call 911:
   • Report the accident and request medical assistance if there are injuries.
   • A police report will be essential for insurance claims.

3. Exchange Information:

• • Obtain the names, addresses, phone numbers, driver’s license numbers, and insurance information of all drivers involved.
  • Collect the contact information of any witnesses.

4. Document the Scene:

• • Take photos of the accident scene, vehicle damage, and any injuries.
  • Note the time, date, weather conditions, and road conditions.

5. Avoid Admitting Fault:

1. • Only share factual information with the police.

1. • Do not apologize or admit blame, as this can be used against you later.

After Leaving the Scene:

1. Seek Medical Attention:
2.  If you are experiencing pain, it is important to get checked by a healthcare professional. Note that some injuries may not be immediately apparent.Notify Your Insurance Company:

1. • Report the accident to your insurance provider as soon as possible.

• • Provide them with all the information you collected at the scene.

3. Keep Records:

• • Maintain a file with all documents related to the accident, including the police report, medical records, and correspondence with insurance companies.

4. Consider Legal Advice:

1. • If there are significant damages, injuries, or disputes about fault, consult with a personal injury attorney. They can help you navigate the legal and insurance processes.

Legal Requirements in North Carolina:

• Accident Reporting:

1. • You must report the accident to the DMV if there is injury, death, or property damage over $1,000.

• Statute of Limitations:

1. • North Carolina has a three-year statute of limitations for personal injury claims from the date of the accident.

• Contributory Negligence:

1. • North Carolina follows the contributory negligence rule, meaning if you are found to be even 1% at fault for the accident, you may be barred from recovering damages.

Following these steps can help you manage the aftermath of a car accident effectively and protect your rights.

Do I have to have an attorney to file an insurance claim for an accident in North Carolina? 

No, you do not have to have an attorney to file an insurance claim for an accident in North Carolina. Many people handle insurance claims on their own, especially for minor accidents with no injuries or minimal property damage. Here are some key points to consider:

Handling the Claim Yourself:

• Filing the Claim:

1. • Contact your insurance company to report the accident and initiate the claim process.

1. • Provide all necessary information, including the police report, photos of the accident scene, and details of the other party involved.

• Cooperating with the Adjuster:

1. • An insurance adjuster will investigate the claim. Cooperate with them and provide any requested documentation.

1. • Be honest and factual in your communications.

• Evaluating the Settlement Offer:

1. • Review the insurance company’s settlement offer carefully.

1. • Make sure it covers all your expenses, including medical bills, property damage, and any other related costs.

When to Consider Hiring an Attorney:

While you can handle the claim yourself, there are situations where hiring an attorney might be beneficial:

• Serious Injuries or Significant Damages:

1. • If the accident resulted in serious injuries, long-term disability, or significant property damage, an attorney can help ensure you receive fair compensation.

• Disputed Liability:

1. • If there is a dispute over who is at fault, an attorney can help gather evidence and build a strong case to support your claim.

• Low Settlement Offers:

1. • If the insurance company offers a low settlement that doesn’t cover your expenses, an attorney can negotiate on your behalf.

• Legal Complexities:

1. • If there are legal complexities, such as issues with contributory negligence or multiple parties involved, an attorney can navigate these challenges effectively.

• Stress and Time Management:

1. • Handling a claim can be time-consuming and stressful. An attorney can manage the process, allowing you to focus on recovery.

Final Thoughts:

While it’s possible to file and manage an insurance claim without an attorney, having legal representation can be advantageous in complex situations. Attorneys are skilled at negotiating with insurance companies and can often secure a higher settlement than you might achieve on your own.

If you decide to handle the claim yourself, be diligent, organized, and thorough in your documentation and communication. If at any point you feel overwhelmed or unsure, consulting with an attorney can provide peace of mind and professional guidance.

How much can I expect to receive from my accident? 

The amount you can expect to receive from a car accident claim in North Carolina depends on various factors, including the severity of the accident, the extent of your injuries, property damage, and other related expenses. Here are the key components that can influence the compensation amount:

Key Components of Compensation:

• Medical Expenses:

1. • Includes hospital bills, doctor visits, medication, physical therapy, and any future medical costs related to the accident.

• Property Damage:

1. • Covers the cost of repairing or replacing your vehicle and any other damaged property.

• Lost Wages:

1. • Compensation for income lost due to the inability to work during recovery. This can also include loss of earning capacity if the injuries affect your ability to work in the future.

• Pain and Suffering:

1. • Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.

• Permanent Disability or Disfigurement:

1. • Additional compensation if the accident results in long-term or permanent impairment.

• Loss of Consortium:

1. • Compensation for the impact on your relationship with your spouse or family.

Factors Influencing Compensation Amount:

• Severity of Injuries:

1. • More severe injuries typically result in higher compensation due to higher medical costs and longer recovery times.

• Fault Determination:

1. • North Carolina follows a contributory negligence rule, meaning if you are found to be even slightly at fault, you may be barred from recovering damages. This can significantly impact your compensation.

• Insurance Policy Limits:

1. • The amount you can recover may be limited by the at-fault party’s insurance policy limits and your own uninsured/underinsured motorist coverage.

• Evidence and Documentation:

1. • Thorough documentation of your injuries, expenses, and other impacts can strengthen your claim and potentially increase the compensation amount.

Seeking Legal Advice

Given the complexities involved in determining a fair settlement amount, especially in cases of serious injury or disputed liability, consulting with a personal injury attorney can be very beneficial. An attorney can help you evaluate your claim, negotiate with the insurance company, and ensure you receive fair compensation for all your losses.

Who is going to pay my medical bills when the accident is not my fault? 

When you are not at fault in an accident, the responsibility for paying your medical bills can be distributed among several sources. Here’s a breakdown of who might cover these expenses:

Primary Sources for Medical Bill Payment:

• At-Fault Driver’s Insurance:

1. • Liability Coverage: The at-fault driver’s liability insurance should cover your medical expenses. However, this process can take time, as the insurance company needs to determine fault and evaluate the claim.

• Your Own Insurance:

1. • MedPay (Medical Payments Coverage): If you have MedPay coverage as part of your auto insurance policy, it can help pay for medical expenses regardless of who is at fault.

1. • PIP (Personal Injury Protection): If you have PIP coverage, it will cover medical expenses, lost wages, and other related costs up to the policy limits, regardless of fault.

• Health Insurance:

1. • Your health insurance can cover your medical bills. However, you may need to pay co-pays, deductibles, and other out-of-pocket expenses. Additionally, your health insurer may seek reimbursement from the at-fault party’s insurance settlement (a process known as subrogation).

Secondary Sources for Medical Bill Payment:

• Uninsured/Underinsured Motorist Coverage (UM/UIM):

1. • If the at-fault driver does not have insurance or has insufficient coverage, your UM/UIM coverage can help pay for your medical expenses.

• Personal Resources:

1. • While waiting for insurance settlements, you might need to pay some bills out of pocket. Keep detailed records of all expenses to claim them later.

Conclusion

While the at-fault driver’s insurance is primarily responsible for covering your medical bills, your own insurance policies and health insurance can provide crucial support in the interim. Ensure you keep thorough records of all expenses and seek legal advice if needed to navigate the claims process effectively.

How is North Carolina different from other states in the law of personal injury? 

North Carolina has several distinctive aspects in its personal injury laws that set it apart from other states. Understanding these differences can help you navigate the legal landscape more effectively if you are involved in a personal injury case. Here are some key differences:

1. Contributory Negligence

Contributory Negligence Rule:

• North Carolina is one of the few states that follows the doctrine of contributory negligence. Under this rule, if the injured party is found to be even 1% at fault for the accident, they are barred from recovering any damages from the other party. This is a harsh standard compared to the comparative negligence rules followed by most other states, where an injured party can recover damages reduced by their percentage of fault.

2. Caps on Damages

Punitive Damages Cap:

• North Carolina limits punitive damages to the greater of $250,000 or three times the amount of compensatory damages. Punitive damages are intended to punish the defendant for particularly egregious behavior and are not related to the actual harm suffered by the plaintiff.

3. Statute of Limitations

Time Limits for Filing Claims:

• The statute of limitations for personal injury claims in North Carolina is three years from the date of the injury. For wrongful death claims, the statute of limitations is two years from the date of death. These time limits are fairly standard, but they are critical deadlines to be aware of, as failing to file within these periods generally bars you from pursuing your claim.

4. No-Fault Insurance

At-Fault State:

• North Carolina operates as an at-fault state for auto insurance. This means that the driver who is determined to be at fault for an accident is responsible for paying for the damages through their insurance. This is in contrast to no-fault states, where each party’s insurance covers their own losses regardless of who caused the accident.

5. Uninsured/Underinsured Motorist Coverage

Mandatory Coverage:

• North Carolina requires drivers to carry uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. This is to protect drivers in case they are involved in an accident with a driver who has no insurance or insufficient insurance.

6. Medical Payments Coverage (MedPay)

Optional but Common:

• MedPay coverage is optional in North Carolina but is commonly included in auto insurance policies. MedPay can cover medical expenses for the insured and their passengers regardless of who is at fault in the accident.

7. Dog Bite Liability

Strict Liability for Dangerous Dogs:

• North Carolina has specific statutes addressing dog bite liability. If a dog is classified as “dangerous” or has previously bitten someone, the owner can be held strictly liable for any injuries caused. Otherwise, general negligence rules apply.

Conclusion:

These distinctions underscore the importance of understanding local laws when dealing with personal injury claims in North Carolina. Given the contributory negligence rule, in particular, it is often advisable to consult with an experienced personal injury attorney to ensure your rights are protected and to navigate the complexities of the state’s legal system.