North Carolina Personal Injury Lawyers

When people think of personal injury they usually think of injuries caused by motor vehicle collisions. In fact, motor vehicle collisions do cause most personal injuries. Unfortunately, most of us have been affected by a motor vehicle collision.

Many victims of a motor vehicle collisions believe the negligent party's insurance must compensate you for the damage. It may not be that simple. An insurance company first determines if the policy covers what happened. If there is coverage, the insurance company pays only if:

(1) it agrees to pay or
(2) a judgment from a court orders it to pay.

Despite its advertisements of public service, insurance companies operate to make a profit. A profit is made when the money coming in (premiums) exceeds the money going out (claims). You deal with an "agent" to purchase your insurance. However, you deal with an "adjuster" when a claim is made.

When you are injured and the collision was not your fault, call a lawyer. Many lawyers, like ours, will provide a free initial consultation.

at the scene of the car accident

If the collision was not serious, you may have some questions. Let us answer some common questions about car accidents.

Should I call the police?

North Carolina law requires that a driver involved in a collision contact a law enforcement agency by the quickest means possible if there is:

(1) injury to any person;
(2) death to any person; or
(3) total property damage is $500 or more.

Failure to do so is a misdemeanor. It does not take much damage at current repair costs to exceed the statutory minimum, so it is always a good idea to contact the police.

People often decide not to involve the police. Although this may at first appear to be less time consuming, the police provide a valuable investigatory resource. Police reports include information from the collision scene, such as point of impact and length of skid marks, which may prove who was at fault. If the police are not called, especially if there are no witnesses, the other driver or the insurance company may be more likely to deny responsibility for the collision.

What should I do until the police arrive?

Your first responsibility is to find out if anyone was injured in the collision and make sure medical personnel are called if needed. You should exchange information required by law to be given by each of the parties involved in the collision. This includes the name, address, and telephone number of the driver of each vehicle as well as each driver's license number, license plate, automobile insurance company and the appropriate policy number.

If witnesses do not wish to remain on the scene until the police arrive, obtain their names, addresses, and home and work telephone numbers.

Should I move my car before the police arrive?

Although it is better not to move your car after a collision (this makes the investigation easier), North Carolina law prohibits stranded vehicles upon the main traveled portion of the road, except when they are disabled. Therefore, if you can, you may have to move your car to allow traffic to continue. If you cannot move your car, then take reasonable precautions to warn others of your location.

If you move your car, try to remember its exact location and tell the investigating officer. Before moving any cars, it is wise to mark on the roadway the position of each of the tires on all cars involved in the accident. Carry a piece of chalk in your glove box for this purpose.

What will the police do when they arrive?

The police are required to prepare a report. To complete the report, the investigating officer will interview the parties involved in the collision as well as other witnesses. The investigating officer will gather appropriate physical evidence (location at point of impact, length of skid marks, whether each vehicle's equipment was functioning properly, etc.) and the officer will issue citations as the circumstances indicate. Even if citations are not issued, the officer will likely note circumstances contributing to the cause of the collision.

The police will also require each party to prepare an "exchange card" which has the information that you may already have obtained from the other party regarding his or her identity and automobile insurance information. You should obtain the name and badge number of the investigating officer and determine which agency he or she works for (i.e., city police department, county sheriff's department, NC Highway Patrol, etc.).

What happens after the investigation is completed?

If your vehicle is drivable, you will be permitted to drive it away. If not, you can make arrangements to have the vehicle towed, or the police will make arrangements. Be certain to get the name and address of the towing company and the location where your vehicle will be stored.

If the police tow the vehicle, you may want to make arrangements as soon as possible to remove it to your own property because you generally will be charged a daily storage fee while your car is on the storage lot. Be sure to check your own insurance policy; some policies will reimburse you for certain towing charges.

immediately after the collision

Can I get a copy of the police report?

At the collision scene, the investigating officer will give you the number of the police report (it should be listed on the exchange card). Most reports are completed and available three to four days after the collision. You can obtain a copy for a nominal fee at the Division of Motor Vehicles. You can ask for the report by its number, or by simply giving the names of the drivers and the date and location of the collision. You should get a copy as soon as possible. It will provide valuable information that may help you deal with the insurance company or with the other driver.

What happens if traffic citations are issued?

In most automobile collisions, the investigating officer will determine whether North Carolina law has been violated and indicate all violations on the report. The officer might also issue a citation to one or more of the parties involved. For more serious violations of North Carolina law (for example, DWI and reckless driving), a criminal arrest may be made. In most cases, however, a ticket is considered an infraction and is handled in the District Court. As a practical matter, if the investigating officer indicates a violation on your part, you'll have a difficult time convincing the other driver's insurance company to pay damages.

If you receive a ticket, the date and time for you to appear will be printed on it. At that time, you can admit the violation and pay the fine or plead not guilty, present evidence and argue that the ticket was improperly issued. You have the right to retain an attorney for these matters. For the more serious criminal matters or if someone was injured in the collision, it is especially wise to consult a lawyer.

If your ticket is for an infraction, a voluntary plea of "responsible" or "guilty" can be used against you in a later civil trial for damages. However, if you are found guilty by a judge or jury after a trial, that verdict cannot be used against you in a later civil trial for damages. Your insurance company is required to issue you a document proving financial responsibility which shows that you have the insurance coverage required by North Carolina law. If you do not have this document at the time of the collision, you may be given a citation.

Prior to the hearing on that ticket, you can present evidence to the court that you had insurance at the time of the collision and that citation will be dismissed. If you did not have insurance at the time of the collision, you are subject to a possible fine and suspension of your driver's license and auto registration.

What should I do after the investigation is completed?

Promptly notify your insurance company of the collision. If your car is still drivable, you should obtain a repair estimate from a reputable body shop. You also should take photographs which show all the damage to the vehicle from several angles.

If you believe the car is a total loss, you should make some effort to determine the pre-accident value of the car. You may do this by reviewing the newspaper classified ads to determine the selling prices of similar cars. You should also check with used car dealers in your area to determine the cost of similar cars and consult the National Automobile Dealers' Association (NADA) Price Guide Book and other valuation services on the internet or at the local library or at your bank.

Finally, you should prepare a written statement of the circumstances surrounding the collision while those facts are fresh in your mind. Maintain a file folder in which you keep all pertinent papers (police report, photographs, diagrams, estimates, correspondence from insurance companies, etc.).

Should I get written statements from the witnesses?

It generally is advisable to obtain statements from witnesses to the collision. These statements should be written, dated and signed. This should be done as soon after the collision as possible, while the accident is still fresh in their minds. Statements can be extremely valuable if the other driver or that driver's insurance company later claims the collision was all or partially your fault.

Be aware that if the witness statements indicates some fault on your part, the other side may eventually use them against you. The investigating officer usually will list witnesses on the police report, and he or she also may obtain statements from them. Statements may be included in the report, if any are obtained.

dealing with insurance companies

Which insurance company should I contact?

The "exchange card" or other information you have obtained from the other driver should tell you if that party has insurance. If you believe the collision was the fault of the other driver, you should contact that driver's insurance company. As a precaution, you should also report the collision to your own insurance company.

What will the insurance companies do?

The insurance companies will investigate the claim and make its determination regarding liability or fault (that is, who is responsible for the collision). The insurance company often will ask you to give a written or recorded statement of your version of the collision. Before providing any type of statement to the insurance companies, you should make every effort to prepare for the statement and organize your thoughts so the statement is an accurate description of what happened. You should not give a statement while taking medication that impairs your ability to think and communicate clearly. You should also be careful to answer only the questions asked. Do not volunteer any information. Be wary.

The insurance company's objective is to not pay you. What happens when more than two vehicles are involved?

Multiple vehicle collisions can become very complex. If you believe two or more other parties were at fault for the collision, you should contact each party, or the insurance company for each. In North Carolina, each party may be responsible for all of your damages.

What if the collision was partially my fault and partially the fault of the other driver?

If you think the collision was partially or entirely your fault, you should contact your own insurance company. North Carolina is one of the few remaining states that still follows a legal principle known as"contributory negligence". This means that if you are even slightly at fault in the collision, you are not entitled to any recovery against the other driver. Instead, you need to make a claim under the collision coverage of your own policy. In essence, you can only recover from the other driver or under your uninsured motorist coverage if you were not in any way at fault.

What should I do if the other party does not have insurance?

All vehicles in North Carolina are required to have minimum levels of liability insurance. Unfortunately, some drivers are not in compliance with the law. If the other party was not insured, you can make a claim under your uninsured motorist coverage with your own insurance company. It will apply up to the limit of the coverage. If you rejected uninsured motorist coverage, you can make a claim under the collision of your own policy, assuming the damages exceed your deductible. If you do not have any insurance available, however, your only option will be to attempt to recover your damages from the driver or owner of the car that caused the collision. If you want to have your car repaired immediately, you will most likely have to pay the cost yourself and then try to recover that expense from the other driver or his insurance company. You can start that process by sending the other driver a letter, along with copies of the estimate of repair bills, and ask for payment for the cost of the repairs. It may be necessary to work out a payment schedule if the other person is not able to pay all the damages at once. If the person responsible for the collision refuses to pay your damages, your only recourse may be to file a civil lawsuit.

Am I entitled to a rental car?

As a basic rule, if the other driver caused the collision and your car is not safe to operate or is undergoing repairs, you are entitled to a rental car or compensation for the loss of use of your car while it is inoperable. Whether the other driver's insurance company will assist in providing you with a rental car varies from company to company.

Some insurance companies will provide a rental car for your use until your vehicle is repaired. In that case, you generally will not have to pay any money out of your pocket. Other insurance companies will require that you rent a car on your own and the company will reimburse you at a fixed daily rate. This rate usually is fairly low, so you should shop around to get the best rental rate.

Some insurance companies will compensate you on a weekly basis while others will not reimburse you until your entire claim is settled. Although you are entitled to a car that is comparable to the car that was damaged, as a practical matter, most insurance companies willingly compensate you only for basic transportation at a fairly low rate. If you rent a more expensive car and pay for the difference out of your own pocket, it may be difficult for you to obtain the difference from the insurance company without getting involved in a lawsuit.

The rental car will be available to you until your car either is repaired, or the insurance company "totals" your car. You are entitled to rental car or loss of use compensation even if you have other transportation available to you. Some car rental companies have "replacement car" rates that are lower than regular rental charges. Be sure the rental company knows you are temporarily replacing a damaged vehicle.

If you are unable to make appropriate arrangements with the other driver's insurance company, you should check your own policy to see whether or not you have coverage to provide a rental vehicle.

Finally, be aware that most insurance companies will not pay the "Collision Damage Coverage" expense that the rental car company might charge. When renting a car, consult your insurance agent to determine if your own policy includes collision coverage for the rental car. If it does you can provide your policy information and waive the collision damage coverage.

getting your car repaired

What damages am I entitled to?

Generally, where repairs are appropriate, the amount you can collect from the other driver or his insurance company is the difference in the fair market value before the wreck and the fair market value after the wreck. The actual cost of repairs or estimate or repairs is evidence of the damages.

Even though your car is repaired, it might have a reduced value known as depreciation. This is especially true if the repair cost is 25 percent or more of the value of your car at the time of the accident.

Determining a fair amount for depreciation is difficult. It has been our experience that if the vehicle is no more than two years old you can expect to claim depreciation and receive an additional 20 percent to 30 percent over the cost of repairs to cover the reduced value of your vehicle.

In any case, especially if your car is older than two years, we suggest that you contact a new or used car dealer for an opinion. Ask for depreciation before you conclude your property damage claim.

If I am not at fault, which insurance company will repair my car?

If it is clear that the other party was at fault in causing the collision, and if you have collision coverage on your automobile policy, you have two choices: you can insist that the other driver's insurance company repair the car, or you can have the repairs paid for by your insurance company under your policy.

a. When the other driver's insurance company pays to repair my car...

If you do not have collision coverage, or if you are unwilling to pay the deductible, you should seek to have the driver who was at fault or his insurance company pay your damages. That insurance company may be cooperative and satisfy you that the repairs will be done in a prompt and satisfactory manner.

If your car is drivable, the other party's insurance company may want you to go to a drive-in claims office for an appraisal. You should make arrangements with the adjuster assigned to your claim for an appropriate time.

If the car is not drivable, you should notify the adjuster of the location of the car so it can be viewed. In some cases, arrangements will have to be made to have the car towed to a dealer for an estimate. Also, be sure to let the company know if the car is being stored and the storage charges.

b. When I use my own collision coverage to repair my car...

If you cannot come to a speedy agreement with the other driver's insurance company regarding the responsibility for the accident and the amount of the damages, this will delay your car being repaired. In this case, you should have your own insurance company pay for the repairs.

When your company repairs the vehicle, it will cover the entire repair cost (excluding your deductible) regardless of who caused the accident. If your insurance company pays for the repairs it may attempt to collect the amount it paid from the other driver's insurance company providing that driver was at fault.

If your company is successful in doing this, it should also collect the deductible that you have previously paid, and it should be returned to you. You should request that your company do this for you. In some cases, you may find it easier to work with your own insurance company which may be more willing to make repairs to your satisfaction than the other party's company.

Obviously, your own insurance company would like to keep you as a customer, whereas the other insurance company has no similar incentive.

If I am partly at fault, which insurance company will repair my car?

If you are even partially at fault, the other driver's insurance company has a legal defense, "contributory negligence", under North Carolina law. Therefore, you are left with making a claim under your own collision coverage, if that is available under your policy.

Will my insurance rates be affected if I make a claim under my own insurance policy?

If the collision clearly was not your fault, your premium should remain unaffected by any claim under your own collision coverage. If your company attempts to increase your premium as a result of an collision that was not your fault, you should discuss this with your insurance agent.

If you receive no satisfaction contact the NC Insurance Department at 1-800-662-7777. If the collision was partially your fault, expect your company to increase your premium.

Can I select a body shop to make the repairs on my car?

The insurance company (yours or the other party's) must compensate you for the amount reasonably necessary to repair your car. Often insurance companies have arrangements with certain repair shops for reduced rates, and they will ask that you have your car repaired by that shop.

Although you have the legal right to select the shop where your car is to be repaired, the insurance company is required only to compensate you for the reasonable repair cost (which may be less than your own shop of choice would charge). You may be responsible for the difference if the additional costs are unreasonable.

The choice of body shops is a matter subject to negotiation with the insurance company. If the estimate given by the insurance company's shop is far lower than the estimate you received from the repair shop you select, you should have your repair shop discuss the matter with the insurance adjuster.

Alternatively, ask your repairman to review the insurance company's estimate and point out to you why that estimate is unreasonably low. You should take this information to the insurance company to see if you can work out a compromise.