Frequently Asked Questions about Car Accidents in North Carolina

What should I do if I am in a car accident?

If anyone is injured, you should call 911 and get medical attention.  The police should also be called to the scene to document what has happened. All witnesses should provide statements to the police.  If the driver of the other vehicle tries to leave the scene, you should gather as much identifying information as possible.  If you have a camera on your phone or in your car, take pictures of the accident scene and automobiles. Report the accident to your own insurance company as soon as possible.

Do I need an Attorney to negotiate with the insurance company?

If damages are limited to your automobile and you did not have any physical injuries, then you may wish to handle your auto accident claim yourself. An attorney should be contacted if you have any substantial medical bills or injuries.  Avoid making any settlement decisions quickly! Many injuries from car accidents are not realized right away, but will develop within days or weeks of the accident.  Do not sign any release without proper consideration! It is important to understand that the insurance adjuster for the person who caused the accident does not work for you.  Their primary goal is to settle the claim as quickly and for as little money as possible.

Should I sign a medical release for the insurance company?

It is not in your best interest to sign a medical release from an insurance company if you have sustained injuries from your accident.  You should consult a lawyer before signing a legal document of this nature.  There are limitations on what you are required to disclose to the insurance adjuster about your personal medical history.

How should I address the damage to my automobile?

You should have your automobile repaired right away through the insurance adjuster of the other driver. Your own insurance company will pay for the damage if that adjuster will not pay the amount owed.  In the event of a disagreement between you and the insurance company over the amount that the repairs will cost, you may get opinions from other automobile repair shops to assist in your negotiations. When you feel that the claims adjuster is being unfair, you may file a complaint with the North Carolina Department of Insurance, found on the web at http://www.ncdoi.com/. If we handle your personal injury claim, we will assist in your dispute over property damage.

What if the police officer did not issue a ticket to the driver who caused the accident?

Many auto accidents do not result in tickets or traffic violations. When the other driver is at fault they are legally responsible for your injuries regardless of whether he received a ticket. If the insurance adjuster for the other driver denies the claim, and you believe that driver was responsible for the wreck, you should call a lawyer for a free initial consultation.

How do I know when to contact a lawyer for a car accident?

If your injuries are significant and you have missed time at work because of the negligence of another driver, you should contact an experienced lawyer for a free consultation.  Fees in automobile accident cases are collected on a contingency basis.  This means that no fees are collected unless we can obtain a settlement or verdict in your favor. 

What if the driver who caused the accident was uninsured?

Your own insurance company will compensate you when the driver is uninsured.  Carrying uninsured and under insured motorist coverage is extremely important for any driver.  You should consult a lawyer if you are in an accident with an uninsured driver and your insurance company claims that you did not have coverage.  If your insurance provider did not follow the law when it did not sell you this coverage, the company may be responsible for your injuries.

What is the statute of limitations to file a case for an auto accident?

North Carolina has a 3 year statute of limitations in an automobile accident case. It is best to contact a lawyer well in advance of the 3 year expiration. 

Is a lawsuit necessary to get compensated for my injuries?

No. An experienced attorney will settle many claims out of court.  Settlements are commonly reached when the insurance company of the person who caused the accident offers fair compensation for the injured persons.  Fair compensation can include lost wages, medical bills, and damages for pain and suffering. When insurance company is not willing to take full responsibility for the damages caused by the accident, then a lawsuit is necessary to prove responsibility. You and your attorney can decide together whether a lawsuit is necessary.

How will I pay my medical bills related to the accident?

All your medical providers should be given your health insurance or Medicare information.  They should bill these companies directly for the cost of your medical treatment.  It is within your legal rights to insist on this. Also, many auto insurance policies include medical payments insurance.  If you have this coverage, your insurance company will reimburse you for the full amount of the bills, up to the limits of your coverage. You should pursue this even if you have health insurance or Medicare.  Your auto insurance company does not get a credit for other insurance that is available under North Carolina Law. If your health insurance is through your employer, it is possible that you will have to reimburse your health insurance company from your settlement or award. Always check with your lawyer before making any reimbursement.

If you have been injured in an auto accident, Call Greg Jones & Associates, in Wilmington, North Carolina, at 888-842-7985 or contact us online.