Most adults will be involved in a car accident at least once in their lifetimes. And most people in motor vehicle crashes will make one very critical mistake: they won't contact an attorney.
Most adults will be involved in a car accident at least once in their lifetimes. And most people in motor vehicle crashes will make one very critical mistake: they won't contact an attorney.
Many mistakenly believe that they do not need a lawyer to help them after a car accident and that a lawyer will just add expense and trouble to an already inconvenient and stressful situation. But the true expense and trouble following a car accident begin once the injured person starts calling the insurance companies and seeking payment for medical bills, property damage, lost wages and other out-of-pocket expenses.
Working with an attorney can make the process not only less painful, but can help prevent the insurance company from taking advantage of you or undervaluing your claim.
Understanding the Insurance Company's Role
Insurance companies are businesses and, as such, their primary goal is to be profitable. Even though there are countless commercials and ads that portray insurance companies as your ally and friend during difficult times, anyone who has had to deal with an insurance company before knows this is not the case.
After you have been in a car accident and received any necessary emergency medical care, you may be inclined to contact your insurance company to report the accident and begin the claims process. What you say during this initial conversation with your insurance company can come back to haunt you weeks or even months later when your claim is finally settled. If you are not clear in communicating exactly what happened, there is a possibility that you will not receive all of the compensation due to you under the policy. Insurance companies tend to offer the lowest possible settlement terms. If you immediately accept the lowball offer, there is a chance you will never be able to recover the rest of the compensation owed to you.
Contact Your Attorney First
Following the accident, the first call you should make is to your attorney. Do not speak to the insurance company until you have discussed the accident with an experienced lawyer who can handle the communications that need to be made with the insurance company. It is important, however, to act fast so that you do not lose your right to file a claim; your insurance company may have a short timeline for reporting an accident.
Unlike the majority of states, North Carolina is a contributory negligence state. This means that if you are found even 1% at fault for causing the accident, you will be denied any recovery for your injuries or damage to your vehicle. This is why it is crucial that you speak with an attorney before you contact your insurance company. The determination of liability is a critical factor in securing any monetary recovery.
When you meet with your attorney, you can expect to discuss:
The extent of your injuries, whether your injuries are permanent, and your current and future medical care needs
How the accident happened
Who may be responsible for the accident
Possible witnesses
Sources of recovery for your injuries, including your own insurance policy
One of the biggest strains on people who have been in car accidents is finding a way to pay their medical bills. Motorcycle riders, in particular, are more susceptible than other motor vehicle drivers to sustaining catastrophic injuries, including traumatic brain injuries, spinal cord injuries and paralysis — all conditions that can cost tens of thousands of dollars to treat.
Your attorney will work with you to uncover all potential sources of recovery. The attorney also can help you file for any benefits that may be available to you if you are unable to work due to your injuries, including filing for unemployment compensation and disability.
Once you have met with your attorney to discuss the circumstances of your accident, the attorney is likely to handle further interactions with your insurance company and/or the other party's insurance company. The lawyer will determine the full extent of your injuries and other losses and calculate the value of your claim.
The Importance of Uninsured/Underinsured Motorist Coverage
If the party responsible for the accident did not have auto insurance or did not have enough insurance to cover the costs of all of your injuries, you can turn to your uninsured/underinsured motorist (UM/UIM) policy for additional coverage of your medical expenses.
As of January 1, 2009, all North Carolina motorists are required by state law to carry UM/UIM coverage as part of their auto insurance policies. The minimum coverage any motorist may carry is 30/60/25, or $30,000 for an individual's bodily injury from a single accident, $60,000 for two or more people's bodily injury from a single accident and $25,000 for property damage from a single accident. UM/UIM insurance coverage also may be used if you have been the victim of a hit-and-run accident.
North Carolina law also permits drivers to stack UM/UIM coverage. Stacking means that if you have more than one UM/UIM policy, you can collect compensation from both policies if you are injured in an accident. For example, if you have two vehicles and the first vehicle has $30,000 in UM/UIM coverage and the second vehicle has $50,000 in UM/UIM coverage, you could stack the policies to have a total of $80,000 in UM/UIM coverage.
While most drivers only will carry the required amount of UM/UIM insurance, you can purchase additional coverage quite cheaply. Given the number of drivers who do not have insurance or only carry the most basic liability insurance policies, your chances of being involved in an accident with a driver who does not have enough insurance to cover your injuries is greater than you may think. By spending a little more money to buy significantly greater UM/UIM coverage, you can save yourself a lot of stress down the road should you be so unfortunate to be in a car accident with a less-than-responsible driver.
Conclusion
If you have been involved in a motor vehicle accident, you should call an experienced attorney. Before you submit a claim under your auto insurance policy or the other driver's policy, you need to know what your claim is worth. An attorney experienced in representing clients who have been injured in car accidents can help you determine your next move. This may be the most valuable call you will ever make.
