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.

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.

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.

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.

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.

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.