State car insurance laws operate as either an at-fault system or a no-fault system, depending on the state. North Carolina has an at-fault auto insurance system. In an at-fault state, a driver who causes a car accident is financially responsible for the losses caused. Drivers and passengers who are injured in auto accidents caused by other motorists can file claims against the at-fault driver’s auto liability insurance.
If you have been injured in a North Carolina car accident and the other driver was at fault, you should contact an experienced personal injury lawyer to clarify your legal options. You may have a right to demand compensation from the at-fault driver for your medical bills, lost wages, and more.
How North Carolina’s At-Fault Auto Insurance System Works?
In an at-fault system like North Carolina’s, a driver bears liability for injuries and property damage in a car accident caused by their negligence. Negligence occurs when a driver fails to uphold their duty to drive safely and avoid endangering other road users – such as failing to obey speed limits or traffic laws.
The degree of fault of an at-fault party plays a crucial role in determining their negligence in car accident claims, especially since multiple drivers may share responsibility for causing a crash.
North Carolina insurance laws require all drivers to have auto liability insurance that provides at least the following minimum coverage limits:
- $30,000 per person of bodily injury liability coverage
- $60,000 per accident of bodily injury liability coverage
- $25,000 per accident of property damage liability coverage
Auto liability insurance covers the costs of accidents the policyholder causes up to the policy limits. It does not cover injuries or property damage the policyholder suffers. Motorists should consider purchasing additional liability insurance to offer more protection in the event they cause a car crash.
Contributory Negligence in North Carolina
North Carolina is one of only a few states that still uses the old contributory negligence laws to establish liability in a car accident claim. Under the contributory negligence rule, an injured party cannot recover compensation if they bear any responsibility for causing the accident—even the smallest share of fault.
The contributory negligence rule is a major hurdle for injured drivers seeking compensation for their losses after a car accident in North Carolina. If a driver contributed in any way to causing the car accident that injured them, they lose the right to recover money from the other driver, even if that driver is almost entirely at fault. As a result, at-fault drivers and their insurers will often try to shift some of the blame onto victims in an effort to evade liability entirely. Our experienced personal injury attorneys at Hardison & Cochran are familiar with the tactics used by insurance companies and will push back against their attempts to shift the blame and avoid responsibility.
Filing a Claim in North Carolina
Filing a car insurance claim in North Carolina begins with notifying the at-fault driver’s insurance company of the accident and your potential claim. Many insurance companies have online forms that drivers and passengers can fill out to start the claims process. You will need to provide the at-fault driver’s insurance information, including the driver’s policy number and the name of their insurance provider. If you are able, it’s a good idea to obtain this information at the scene of the accident.
A car accident lawyer can help you secure evidence of the other driver’s fault for the car accident, such as:
- Police accident reports
- Accident scene photos and videos
- Surveillance and traffic camera footage
- Eyewitness statements
Ultimately, your attorney may draft and send a demand letter to the at-fault driver’s insurer, which outlines your account of the accident, the evidence of the other driver’s fault, a description of your injuries, and a demand for a specific amount of compensation.
Sending the demand letter begins the settlement negotiations process. Your attorney and the attorney defending the insurance company may trade settlement offers to reach a mutually acceptable compensation figure. To facilitate this process, you and the insurer may pursue alternative dispute resolution options, such as mediation or arbitration.
If negotiations break down, you may need to file a personal injury claim to preserve the option of pursuing compensation in court if you cannot reach a settlement in a reasonable amount of time. An experienced personal injury lawyer can evaluate your options at each stage of the claims process, including when to file a lawsuit.
Contact a Car Accident Lawyer in North Carolina to Discuss Your Options
In at-fault states such as North Carolina, you have the right to recover compensation for your expenses and losses from a negligent driver who injured you. However, determining fault and pursuing compensation can become a complex process if several people share liability. A seasoned car accident lawyer at Hardison & Cochran can guide you through the claims process and pursue compensation and accountability on your behalf.
Contact Hardison & Cochran today for a free consultation with a seasoned car accident lawyer in North Carolina. We look forward to discussing your rights in North Carolina’s at-fault insurance system.
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