Car Accidents FAQ Page

Question 1

What can I do if the other driver didn’t have any insurance coverage?

Accepted Answer

If the other driver lacks insurance coverage – unfortunately, that is all too common on North Carolina roads – your uninsured motorist (UM) coverage should cover your losses up to the policy’s limits. Even though it’s your own insurer, these cases can be complicated.  Under state law, you are required to have certain minimum amounts of liability insurance coverage – or coverage that pays for the property damage or bodily injury damage you cause. The current bodily injury minimum amounts are $30,000 per person or $60,000 per accident. The property damage minimum amounts are set at $25,000. This is sometimes referred to as 30/60/25. So, in a perfect world, the driver who caused your crash would have this insurance.  But that’s not always the case.  If the driver has no insurance, you can turn to your UM coverage. This pays for both property and bodily injury damage when the other driver is uninsured. Your insurer must provide this coverage in the same minimum amounts as your liability insurance. So, if you have 30/60/25 liability coverage, you should have the same in UM coverage. Unfortunately, an insurer may delay or deny paying your claim. An attorney should be consulted to deal with the insurance company on your behalf.  A related issue arises when the other driver’s insurance fails to cover the full extent of your losses. If this occurs, you may have underinsured motorist (UIM) coverage available. If you carry liability insurance above the 30/60/25 minimum amounts, you should have this coverage. It will pay up to the difference between the other driver’s liability insurance and your UIM limits.  Any settlement of a car accident claim must take all insurance policies into account. See our page on Settling Your Car Accident Claim to learn more.

Question 2

How can I get my car repaired after a crash?

Accepted Answer

There may be many options available for getting your car repaired after a crash. If the damage is extensive, your car may be declared a total loss instead.  If you establish that another driver caused your crash, then that driver’s property damage liability insurance should pay for repairs to your car. You may also turn to your own collision coverage. This will pay for repairs to your car regardless of who is at fault. You may have optional insurance coverage that pays for towing costs and damage to any custom features on your car. The insurance company should pay for renting a car while repairs are made.  You have the right to choose the shop that repairs your car. However, if the insurance company finds a shop that will do the work for less money, you can expect the insurer to refuse to pay any more than that amount. A lawyer can help you with these negotiations.  If the amount of damage to your car exceeds 75 percent or more of its actual cash value, the insurer will declare it a total loss, or “total” it. The insurer will then pay you the actual cash value. There are many ways to arrive at that figure. Typically, it is based on the Kelley Blue Book value. If your car is “totaled,” you have a right to keep the car. The salvage value will be deducted from the amount the insurer pays you. Again, an attorney can help to negotiate a fair settlement if your car is “totaled” instead of repaired.  The amount of damage often depends on the type of collision. To learn more, see Hardison & Cochran‘s page Common Types of Car Accidents.

Question 3

Can I recover anything if I was partially responsible for an auto accident?

Accepted Answer

The general rule in North Carolina is that you cannot recover if your own negligence contributed to a crash. But there are exceptions to this rule.  This rule is known as “contributory negligence.” In our state, if you are even 1 percent at fault for an accident, you could be barred from recovering anything.  One exception to this rule is the “last chance doctrine.” Basically, even if you were at fault, if the other party still had the last chance to avoid the accident, you may still be able to recover damages.  Another exception applies when the other driver’s actions were “willful and wanton.” Aggressive Driving  might be example of this kind of case.  Finally, a child under age 7 could not be barred from recovering under the doctrine of contributory negligence. For instance, even if a child ran out into a street and was hit by a negligent driver, a recovery would still be possible. A child age 7-14 could be considered to be capable of contributory negligence depending on the child’s maturity.

Question 4

What can I recover in a car accident lawsuit?

Accepted Answer

No two answers to this question are the same. However, the amount generally depends on three factors: Another party’s liability, the harm you have suffered and the insurance coverage that is available.  A party’s liability can be based on his or her negligent or reckless driving. However, it could also be based on the party serving a drunk driver, hiring an employee who struck your car or putting an unsafe automobile into the marketplace. Establishing a party’s liability takes a thorough and complete investigation into a crash. It often requires consultation with accident reconstruction specialists and other experts.  The extent of harm you suffer can generally be determined by reviewing your vehicle damage, medical bills and missed employment (or ability to generate self-generated income). Experts can be consulted to determine future medical expenses and the impact on your earning capability. Your physical pain and suffering and emotional distress should also be considered. In some instances, family members may have suffered harm that deserves to be compensated.  Finally, all applicable insurance policies must be reviewed. You must look at the at-fault party’s liability insurance coverage and possibly your own coverage. Your recovery typically will be capped at the limits of those insurance policies.

Question 5

If a drunk driver caused my accident, can I recover from the bar that served the driver?

Accepted Answer

Under North Carolina’s “dram shop” law, you may be able to sue the establishment that provided alcohol to the driver who injured you. However, these cases require a thorough investigation and careful handling.  Under the dram shop law, it is illegal for any bar, restaurant, convenience store, ABC store or “social host” to sell or otherwise furnish alcohol to a person who is “noticeably or visibly intoxicated” or to a person under the legal drinking age of 21. Establishing what the person or business knew (or should have reasonably known) can be complicated.  The mere fact that the person or business provided the alcohol, however, is not all it takes to establish liability. You would also need to show that the beer, wine or liquor caused the driver to become impaired, and that the driver’s impairment caused the crash and your injuries.  A lawyer who handles your car accident case would need to obtain and examine sales receipts, debit card records, surveillance video, witness accounts, social media postings and other evidence to establish dram shop or social host liability in your case.

Question 6

How long will it take to resolve my case?

Accepted Answer

The amount of time it takes to resolve a car accident claim varies widely and depends on many factors.  If your case is resolved through a settlement, it should take a shorter amount of time than if it goes to trial. The time it takes to reach a settlement can depend on different factors, including whether there is clear or contested liability, one or multiple parties involved and agreement or disagreement on the amount of damages that you should receive.  If a settlement is not reached, then a case will go to trial. In some instances, parties may agree on liability and go to trial on the issue of damages alone. The amount of time will depend on the amount of evidence presented by both sides and how long a jury needs to render its verdict. Please visit our page on Taking Your Case to Trial to learn more.  In some cases, a party will appeal to a higher court, which can add significantly more time to resolution of the case. In other cases, a party may decide to settle the case for an amount that is different than the judgment that is entered at the conclusion of the trial.  Unfortunately, because each case is unique, there is no general answer to this question. However, your attorney should never rush you or pressure you to settle your claim. Ultimately, that decision will be one that you make alone based on your attorney’s advice.

Question 7

How much will I have to pay a lawyer who handles my car accident case?

Accepted Answer

If you work with Hardison & Cochran, there is a very simple and straightforward answer to this question: You will pay no fees unless we obtain a settlement or verdict for you.  This is called a contingency fee agreement.  We will provide a free consultation, and you will pay no fees upfront if we take on your case. If we do not reach a settlement or verdict, you will pay nothing for our legal services. If we do obtain compensation for you, you will pay us a fee that represents a portion of what we recover for you in your case.  Please see our section on How We Get Paid for a more detailed explanation, including the American Bar Association’s definition of contingency fee agreements.

Question 8

Should I talk with the other driver’s insurance company?

Accepted Answer

Generally speaking, you should talk first with an attorney before you talk with the other driver’s insurer. You do not want to say anything that could negatively impact your claim.  Anything you say to the other driver’s insurance company could be used against you. The insurer may use statements you make to argue that you contributed to the accident or that you are not as hurt as you claim. After all, the insurer’s goal is to minimize its payout.  The insurer may also try to get you to settle any potential claims against its insured driver. You should not agree to any settlement – or sign any release – until you know the full extent of your damages. Don’t be rushed by the insurance company into making an unwise decision.  Call an attorney and ask for a review of your case. At Hardison & Cochran, we will do this review at no charge to you. In fact, we will fully investigate your case, consult with experts and arrive at what we believe to be a fair settlement value. We can negotiate directly with the insurers to arrive at this settlement.  If the insurer calls you, you can simply refer the insurer to your attorney.  Please see our page on How You Can Help Your Accident Case for more advice on steps you can take to protect your rights after a crash.

Question 9

If a truck driver or delivery driver hits me, can I sue that driver’s company?

Accepted Answer

If it is established that another driver’s careless or reckless driving caused your crash, and the driver was working at the time of the incident, your attorney will certainly examine whether the driver’s employer can be held liable.  Under North Carolina law, an employer can be held liable for the negligent acts of its employees – if those acts are committed in the “course and scope” of the employment. So, if a truck driver is making a delivery and causes an accident that harms you or a loved one, the driver’s trucking company could be sued for damages.  However, if the driver was not “on the clock” and tending to his or her own personal business at the time of the crash, the case becomes more complicated. The employer may contend that it should not be held liable.  In some cases, an employer can be liable if it was negligent in hiring, training or supervising an employee. For example, if a trucking company hires a driver who had multiple accidents or traffic violations on his or her record, that company could be liable for negligent hiring.  See our page on Investigating Your Accident Case to see how we would look into an employer’s potential liability.

Question 10

Will I be able to get workers’ compensation if I was in car crash while working?

Accepted Answer

In most cases, you should be able to obtain workers’ compensation benefits if you are hurt in a car crash while working. If another driver caused the accident, you may also be able to pursue additional compensation.  Typically, workers’ compensation would pay for your medical expenses and a portion of your lost wages. You do not need to establish anyone’s fault to recover these benefits. However, these benefits will not pay for any non-economic damages such as pain and suffering and emotional distress.  If another driver’s negligence caused your accident, you can seek to recover for these non-economic damages through a personal injury lawsuit. Because the other would be considered a “third party,” these are commonly called “third-party claims.”  In contrast to a workers’ compensation claim, you would need to establish the other driver’s fault in a third-party claim. Also, your workers’ compensation insurer may have a claim to a portion of the damages you recover in a third-party claim settlement. So, you need to make sure that you resolve your workers’ compensation claim before your settle a third-party lawsuit. An attorney will know how to carefully navigate your case through these issues.

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