QuestionMy friend was on a highway going 55mph, a dump truck was at a stop sign, and then he pulled out in front of her. She smashed into the side of his truck totaling her car, she has pics.Also, a police report was filed. She had to slam on her brakes and it still did a ton of damage. She is six weeks pregnant. The company has not filed a claim with their insurance and this has been 2 weeks ago. I know they have a certain period of time, but she is driving a rental and now the rental company wants the car back. She has called the company's office and keeps getting a secretary claiming a supervisor will not be in the office until Monday. I don't know what the excuse was last week. I was wondering what she could do, can she also make a claim if she has to miss work if the rental car company takes back the car? Should she hire a lawyer? We live in NC, so I am not sure what the law is here for filing insurance claims. I would appreciate any help. Thanks so much.
Answer Hello Samantha,
Your friend needs to contact the truck's insurance company herself and file a liability claim - IMMEDIATELY! Under no circumstances should she wait for the at fault party to do this for her. There is nothing in any law that prohibits the innocent party from filing a claim with the at fault party.
You mention missing work, but my greater concern is whether or not she is injured. Has she been to her doctor? That's a very heavy hit for both her and her baby.
As for her losses, whether its for missing work or for injuries or both,as well as damages to her car, your friend is entitled to payment for those losses. In North Carolina, in order to do that she must go through the at fault insurance company. If they refuse to cooperate, if they delay her claim unnecessarily, if she is diagnosed with serious injury, or if they determine that she is partially at fault for the accident, your friend will need to hire a personal injury attorney. In that event, she will need to do some research - which can be done online - for reputable and experienced attorneys. Cross check the results with your state Bar. She might also contact the Bar to see if they offer referrals.
But first, have her file the claim and see if the company is going to cooperate. From your description this sounds to me like an easy case of liability. But if the insurance company balks, understand that NC has some tough liability laws which can make it very difficult to collect. In that event, she will absolutely need an attorney.
Might I also suggest that you direct your friend to my website, http://SolutionsForYourInsuranceClaim.com
The site has a variety of informative articles designed to help people with understanding claims processes, and also discusses how claims can go wrong. She should read the relevant articles.
I wish her well. Let me know if you need additional follow up.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
