Personal
Injury
If I am injured due to the
fault of someone else, what damages may I be entitled to
recover?
ANSWER: If you were injured
as the result of the negligence of a person or corporation,
certain legal rights may exist to protect you. You may be
entitled to compensation that includes, but may not be limited
to, payment of medical bills, lost wages, pain and suffering,
property damages, as well as possibly punitive damages and
other forms of damages. The types of damages which you may
be entitled to recover will depend upon the specific circumstances
of your case. In order to recover damages of any sort from
an adverse party, you must show that the adverse party has
committed a negligent act, i.e., breached a legal duty, or
otherwise breached your legal rights. The person seeking to
recover damages must also show that their damages were caused
by the adverse party’s negligence or other conduct.
Compensatory damages are a form of
legal compensation which entitle a person to recover such
items as lost wages, medical bills, and pain and suffering.
Punitive damages are an additional form of damages that can
be awarded to punish and deter wrongful conduct that is more
extreme than standard negligence, such as injuries caused
by drunk drivers.
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If my vehicle is damaged by
another driver, what is the responsibility of other driver’s
insurance company for my property damage?
ANSWER: When a motor
vehicle is damaged due to the negligence of another driver,
the amount which can be recovered under North Carolina law
is generally the difference between the fair market value
of the car immediately before the collision and the fair market
value of that car immediately after the collision. Although
the cost of repair of the car is some evidence of the measure
of damages, the cost of repair is not conclusive or determinative.
Property damages also may include loss of value which the
damaged vehicle may still have after the repair. If it can
be demonstrated that the resale value of the car is decreased
due to the wreck, North Carolina law provides that the owner
of the damaged vehicle may be entitled to recover this loss
of value as well.
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What if I am involved in a
motor vehicle accident that is my fault?
ANSWER: North Carolina
law follows the doctrine of "contributory negligence," which provides that injured parties cannot
recover damages if they are injured partly due to their own
negligence. In the event that persons are involved in an accident
that is their fault, they should immediately report the accident
to their automobile liability insurance company and request
acknowledgment from the insurance company that they have reported
the accident. The automobile liability insurance company will
then review the claim submitted by the adverse party, and
if suit is filed , retain an attorney at the insurance companies
expense to represent their insured in cases for which insurance
coverage exists.
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What is automobile liability
insurance coverage and how can it affect my case?
ANSWER: The automobile
insurance policy between an insurance company and the insured
is a contract of insurance between the insurance company and
its insured. North Carolina law presently requires that each
vehicle have at least $30,000.00 of liability insurance coverage
for injury or death to one person involved in any single motor
vehicle accident. There is also a required minimum limit of
$60,000.00 for injury or death to two or more persons involved
in any single accident. For liability insurance policies issued
before July 1, 2000, North Carolina required coverage of at
least $25,000.00 per person and $50,000.00 per accident. These
minimum required insurance coverage limits are generally not
sufficient to cover claims other than those involving relatively
minor injuries. For this reason, it is generally advisable
to obtain higher amounts of liability insurance coverage than
the minimum amounts required by North Carolina law.
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What if I am involved in a
motor vehicle accident and the other driver does not have
sufficient insurance to pay for my damages?
ANSWER: Many vehicles
in North Carolina only have the minimum liability insurance
coverage limits of $25,000.00/$50,000.00 or, for new policies
issued after June 1, 2000, coverage limits of $30,000.00/$60,000.00.
As a result, it is generally important for North Carolina
drivers to protect themselves in the event of a motor vehicle
accident which is caused by a negligent driver who may have
only the minimum limits of coverage. If your damages are in
excess of the other driver’s minimum policy limits, you will
then have to look to either of two sources: (1) the negligent
driver to personally pay the difference between the amount
of any judgment which you recover and the driver’s minimum
insurance policy limits; or (2) your own underinsured motorist
coverage. As the likelihood of recovering a judgment against
the defendant in such circumstances can prove unpredictable,
it is important to protect yourself by having adequate underinsured
motorist coverage. This coverage, commonly known as "UIM"
coverage, generally applies when an insured is injured by
a negligent driver and sustains more damages than the negligent
driver’s liability insurance limits. The UIM coverage under
the insured’s own policy will then pay the amount above the
negligent driver’s insurance coverage limits. This UIM coverage
is available to the insured in such a situation to provide
coverage up to the limits of the UIM coverage on the insured’s
policy.
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What if I am involved in a
motor vehicle accident caused by an uninsured driver?
ANSWER: Although North
Carolina requires each motor vehicle driver only operate a
vehicle covered by the required minimum amount of liability
insurance, the fact remains that many vehicles are driven
on North Carolina roadways in violation of this law. If you
are injured by the driver of an uninsured vehicle, you will
then have to look to either the driver’s own personal assets
for payment of your damages, or your own uninsured motorist
coverage. This coverage, which is commonly known as "UM" coverage,
is required on all automobile insurance policies in North
Carolina, unless the owner of the insured vehicle specifically
elects not to have this coverage. If there is an election
to refuse UM coverage, the refusal must be in a specific manner
required by the North Carolina statutes.
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