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The effects of a vehicular
accident involving automobiles or tractor trailers can be
devastating. Long hospital stays and missed time from work can
wreak havoc on your family’s finances. Furthermore, the
at-fault insurance company may wrongfully deny your claim or
try to get you to settle before you have finished your medical
treatment.
Our attorneys and staff stand
ready to assist you in putting your life back together. We
take care of all the legal issues. We will conduct a thorough
investigation into the facts surrounding the accident. Every
case receives individual attention and every case is important
to us.
Below is some information that
you may find useful. Some of it is pertinent only to accidents
that happen in North Carolina.
Personal Injury Information
- Do not settle your personal
injury claim until you are released from the doctor’s
care and feeling better. The insurance company will try to
convince you to settle within a few days of the accident.
Do not do it, even if you do not get an attorney. However,
you must always consider the statute of limitations in
this regard. An experienced attorney can explain this to
you.
- If you have health
insurance, file all your medical bills with your plan.
This helps to keep bill collectors from sending you into
collections. The at-fault insurance company often will not
pay your medical bills until you settle.
- Keep track of the mileage to
your doctor, physical therapist or other injury-related
appointments. Sometimes you can use this mileage as part
of your claim.
- Keep a copy of your
prescription receipts. These are part of incurred medical
expenses for which you should be compensated.
- Keep a list of all doctors
and hospitals you have been to. Get a written note from
your doctor for any missed days from work. This is very
important. It is difficult to claim lost wages for days
you missed when you do not have a written doctor’s
excuse.
- It is very important that
you keep your appointments with your doctor or therapist.
The value of your claim can be affected by your
cooperation with your doctor or therapist. Please make
every effort to keep your appointments. If you simply
cannot make an appointment, call their office and let them
know.
- Make sure your doctor writes
down each symptom that is bothering you at each
appointment, not just the one that is bothering you the
most.
- Make sure you give a
complete history of any past injuries to your doctor.
Trying to cover up past problems will usually only hurt
your case.
- Always tell the truth--the
whole truth. Never exaggerate your injuries.
Your Car Damage Claim
Sometimes your car damage claim
can be the most frustrating aspect of your auto accident. You
may not be able to get to work or to the doctor because your
car is not driveable and the at-fault insurance company is not
being helpful. It is important that you understand how
insurance companies process these claims so you know what to
expect.
The insurance company is not
going to take responsibility for your claim until they have
completed their investigation into the accident. This means
they may want to review the accident report, inspect your car,
take a statement from their insured, and interview the police
officer and any witnesses. They may also want to take your
recorded statement.
If a decision is made to accept
the claim, the at-fault insurance company will then pay to
have your car repaired or, if the car is totaled, pay you the
fair market value. By North Carolina law, if the repair bill
is greater than 75% of the fair market value, then the
at-fault insurance company will total the car. If the
insurance company decides to total your car, they will
probably pay off any outstanding loans on the car and then pay
you the balance. They will also take possession of the car
after you sign over the title. If your bank has the title, the
insurance company will have you sign a power of attorney to
give it the authority to transfer the title.
If your car is repairable, then
the at-fault insurance company will give you a cost estimate
prepared by their appraiser. You then have the freedom to
chose whomever you want to fix your car. You are not required
to take it to the insurance company’s approved repair shops,
although there are certain advantages to doing so.
Furthermore, if they accept
responsibility, the at-fault insurance company will usually
pay for a rental car. You will normally have to have a credit
card to get the car. Generally, they pay between $20 to $26 a
day for the rental. In certain circumstances, they will pay
for more. If your car is not driveable but is repairable, you
will be provided a rental car for a reasonable period of time
while your car is repaired. If your car is driveable, you will
be provided a rental car when your car goes in the shop and
until it is repaired. If your car is totaled, you will be
provided a rental car for a reasonable period of time usually
not more than a few days.
Other questions we can
answer for you:
- Can the at-fault insurance
company insist on used parts to repair your car?
- What is substitution of
collateral and how it can help you get into a new car
faster through your current car loan if you don’t have
enough equity in your car?
- What to do if the insurance
company’s investigation is taking too long or they deny
the claim?
- If the at-fault insurance
company is delaying accepting the claim, can your own
insurance company assist you?
- How does depreciation work
and when are you entitled to it?
- What is the 25% rule in
regards to disclosure to any potential buyers of the
wrecked status of your repaired car?
Automobile Accidents FAQsWho pays if I incur an injury due to an auto accident?
What should I do if I did not feel hurt at the scene of an accident, but experienced pain afterwards?
I received a personal injury as a result of hitting a pothole with my car. Who is responsible?
My insurance company is offering me a nice settlement for my car accident. Should I take it?
What issues will I face in making a claim for my injuries sustained in an automobile accident?
How will I pay for my medical bills?
Am I at fault if I rear-end another vehicle?
Trucking Accidents FAQsWhat are some of the most
common tractor trailer accidents?
Is there a difference between
a tractor trailer accident and a car accident?
Are there additional laws that
apply to truckers to keep the roads safer?
Are there any federal
regulations governing truck drivers?
How do I recover compensation
for damages in a tractor trailer case?
How soon do I need to bring a
case in a tractor trailer collision?
Who will pay my medical bills
in a tractor trailer accident?
What are the common causes of
truck accidents?
Who can sue in a personal
injury case involving a truck accident injury?
What are the “hours of
service” rules?
Do I need an attorney to
litigate my truck accident case?
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