Auto Accidents

Automobile Accidents

Auto accidents are an everyday occurrence in our society. Even a minor accident can have a profound effect on your physical and mental health and those who depend on you.

After The Accident

In general, if you are reading this page, you have already been in an accident. However, following some simple rules can help you and an attorney that you choose to assert and process your claim.
We Suggest the Following:

* Make sure you pull over and find a safe place to park if possible;
* Call the police and report the accident;
* Attempt to obtain the other driver’s information (name, address, insurance). However, if the police respond to your call they will obtain all information and it will be reflected in the accident report;
* Do not refuse medical attention if you need it. Go to the hospital or make an appointment with your family doctor;
* Do not make any statements on the scene or to the insurance company.

Common Mistakes

Failure to seek proper medical treatment:

Many people who have been in an automobile accident do not go to the Emergency Room or see their family doctor right away because the effects are usually not immediately apparent. Besides having an adverse effect on your health, insurance companies and their lawyers frequently argue that because an injured person did not go to the emergency room, or seek medical treatment until several days or weeks after the accident, they are not really injured.

Making statements to the other parties insurance company:

Often the at-fault parties insurance company will have a representative contact you immediately after an automobile accident in order to obtain a recorded statement. Most people do not understand that the adjuster may craft his or her questions in a way to elicit a response that will later hurt your case. Do not ever give a statement to an insurance company representative without first consulting with an attorney.

Automobile Accidents are the most common type of personal injury case

In the state of North Carolina as well as all other states, the law of negligence governs Auto Accident Cases. In short, if another driver fails to exercise a reasonable duty of care in operating their vehicle and that failure causes you injuries, you may file a claim to recover money damages from them. In general, you are entitled to recover the cost of your medical bills (whether you have health insurance or not), your lost wages, and some amount for pain and suffering. Pain and suffering may include the value of your permanent injuries, such as scarring and permanent disability.

Your Auto Insurance:

Many car and truck accidents are the fault of an uninsured (UM) or under-insured (UIM) motorist. Often times, you may be required to make a claim against your own insurance policy to protect yourself. This type of claim is called an uninsured motorist claim or an under-insured motorist claim (UM) or (UIM).

Uninsured Motorists (UM):

Uninsured motorist means that the driver who hit you has no insurance at all. You may also make an uninsured motorist claim under your policy when you are involved in a hit and run accident. This is sometimes called a “phantom” vehicle. This occurs when a driver makes contact with your vehicle causing property damage and injuries, but does not stop at the scene or the accident and you have no way of identifying that person. This claim falls under your uninsured motorist coverage. If you have basic coverage in North Carolina, you also have uninsured motorist coverage.

Under-insured Motorist (UIM):

If an at-fault driver causes you property damage or personal injuries, and they have insurance, but the policy limits are not enough to cover your injuries, incuding lost wages and pain and suffering, you may make a claim under the under-insured motorist portion of your own policy.

For example: if an at-fault driver has the North Carolina minimum limits of Thirty thousand dollars ($30,000.00) in liability coverage, and you have a UIM policy of One hundred thousand dollars ($100,0000.00), you may be able to recover Thirty thousand dollars ($30,000.00) form the at-fault party, and as much as Seventy thousand dollars ($70,000.00) from your own UIM policy to equal the maximum limit of One hundred thousand dollars ($100,000.00) under your own policy if your injuries warrant such a recovery.

Medical Payments Coverage (Med-Pay):

Many auto insurance policies contain a provision for Med-Pay coverage which can be used to pay your medical bills in the event that your are injured, regardless of who is at-fault. In North Carolina, any Med-Pay funds you receive from your own insurance company, do not effect the other driver’s liability to you, and they are still responsible for paying your medical bills in full. Further, under North Carolina law, even if you have medical insurance to pay your medical bills, such a payment to you does not affect the liability of the at-fault party to pay you for your medical bills, lost wages, or pain and suffering.

For questions about these issues and to learn more about how to recover the maximum amount available for your automobile accident, call us at (919) 277-0161, for a free consultation. Cases are taken on a contingency fee agreement, and we do not get paid any attorney fees unless we recover for you.