| Automobile Accidents FAQs
What should I do in the event of an
accident?
To what compensation am I entitled if injured?
What are the sources of compensation?
What is Negligence?
What is Contributory Negligence?
Is a lawyer necessary?
What should I do in the event of an
accident?
If you are seriously injured, remain where you are until
medical assistance arrives. Do nothing likely to increase your
injuries.
If you are able, there is some basic information which
should be gathered as quickly and completely as possible. This
includes the following:
- Names and addresses, drivers license numbers, of other
drivers involved.
- Names and addresses of other passengers and any
witnesses.
- Direction of travel of each vehicle involved.
- Name of insurance company of each vehicle involved.
- Make a note of weather conditions, visibility, etc.
- Note damage done to all vehicles.
Back to Top
To what compensation am I entitled if
injured?
In North Carolina, you are entitled to compensation only if
the accident and your injuries were caused by the negligence
of another party, and you were free from negligence yourself.
The idea behind compensation is that the person(s) at fault
should be responsible for "making whole" all the
people injured by their negligence.
Certainly you would be entitled to the following damages,
if anything:
- payment of medical bills and expenses incurred for
treatment of injuries caused by the accident (even if you
have "medical payments" insurance and health
insurance to pay these bills)
- payment of gross lost earnings for time missed from work
(even if you received vacation and/or sick pay in order
not to lose income while unable to work)
- compensation for pain and suffering
- compensation for scars and disfigurement, and permanent
injury (loss of use of part of the body)
Back to Top
What are the sources of compensation?
The answer to this question depends on many factors, including
your own financial resources and the circumstances of the
accident.
Liability Insurance: If the responsible party has liability
insurance, it will pay, up to the limits of liability
insurance provided, all damages to which you are entitled.
Typically, this payment comes in the form of a lump sum
settlement once you have been released from medical care and
the full extent of your injuries is known. Only rarely will a
liability insurance carrier make interim payments.
Medical Payments Insurance: Many auto liability insurance
policies contain a provision for "medical payments"
benefits of anywhere from $1,000 to $5,000. This is a form of
"no-fault" insurance and these payments will be made
even though there are other sources of coverage available. The
primary coverage is on the vehicle in which you were riding at
the time of the accident. If you were in someone else's
vehicle, that person's "med-pay" will pay until its
limits of coverage are used up. If you have coverage as part
of your own auto insurance policy, you may then apply to that
coverage for payment of the excess. Of course, if you are in
your own automobile at the time of the wreck, your policy will
be the only one to apply for medical payments coverage.
Group Insurance, HMO, or Employer-Provided Plan: If you
have private health and accident insurance, or if you are
covered by a health benefit plan at work, you should use that
coverage to pay medical bills while your claim is pending. If
this coverage is provided by an insurance policy, you can use
it and still collect the "med-pay" benefits and
liability coverage described above. This is called a
"collateral source."
Some employer-provided health plans are not really
insurance and are fully funded by the employer. In that event,
the employer's plan may have a provision requiring that it be
repaid out of your recovery from person at fault in causing
the accident. You should not sign any agreement calling for
reimbursement until an attorney has reviewed your plan summary
to be satisfied that the plan is, indeed, entitled to
repayment.
Disability Insurance: If your injuries require you to be
out of work for any length of time, you may have some
disability insurance which will pay you for the time lost or
will make car or house payments or credit card payments during
the period of your disability.
The Negligent Party: While the negligent party's liability
insurance coverage (above) usually takes care of all payment
of damages, sometimes there is not enough coverage to fully
compensate you. Although most people do not have the assets to
pay a court judgment against them, there should be no
settlement until you are satisfied that the negligent party
does not have assets with which to pay a judgment.
Uninsured/Underinsured Motorists Coverage: You or the owner
of the car in which you were riding may have UM/UIM coverage
as part of your automobile insurance policy. These coverages
are designed to compensate you if the negligent party either
doesn't have insurance or doesn't have enough insurance.
Back to Top
What is Negligence?
A person is said to be negligent when he or she fails to act
like an ordinarily reasonable and prudent person (the ORP
standard), under the same circumstances. This is the
"standard of care." The circumstances are important
because they dictate the degree of care required. For example,
the circumstances surrounding loading potatoes into a pickup
truck allow for the occasionally potato to drop on the ground.
However, if loading nitroglycerin on the truck, a much higher
standard is required.
An ordinary person may drive 55 miles per hour on the
highway on a clear, dry day, well within the speed limit.
However, dense fog may require that same driver, on the same
highway, to drive much more slowly. Each can be reasonable
care under the circumstances. It is probably negligent to
drive 55 mph in dense fog.
A person's knowledge, experience and background can dictate
the appropriate standard of care, as well. A 35-year old
driver may be presumed to have more knowledge and experience
than a 5-year old playing near the street.
Back to Top
What is Contributory Negligence?
"Negligence" is defined the same for everyone. If
one of the proximate causes of your accident and injury was
your own negligence or inattentiveness, in North Carolina you
cannot recover, even if your negligence was only a very small
part of the overall picture.
There are circumstances in which contributory negligence
will not bar a claim. If the other party's negligence amounted
to willful or wanton behavior, or was malicious, this gross
negligence may overcome contributory negligence and still
allow for compensation. Likewise, if the other party had the
"last clear chance" to avoid the accident and
injury, contributory negligence may not bar recovery. At best,
these are questions to be resolved by a jury if a settlement
is not possible.
Back to Top
Is a lawyer necessary?
Not every personal injury case requires legal assistance. If
injuries are slight and damages minor, it may not be in your
best interest to retain a lawyer. However, if you are
concerned about your ability to negotiate on an even basis
with the insurance adjuster, you may feel more comfortable
with legal help and hiring a lawyer can be justified.
Very often the injury is not trivial. There may be
permanent injuries or scars, and an inability to return to the
same work or activity level enjoyed before the injury. There
may also be complicating factors involving insurance coverage,
liability, and even medical causation which mandate getting
professional help with your claim.
Remember, the insurance adjuster has been trained to
minimize claims. The adjuster gets a "gold star" if
he or she saves money for the insurance company, not by paying
top dollar on claims. The adjuster is under no legal
obligation to offer you advice or to protect your interests.
Back to Top
For more information, please see our
Automobile Accidents page.
< Back to Questions
& Answers
|
