Navigating the Aftermath of an Accident: A Comprehensive Guide
Firstly, ensure safety by moving your car to a secure location, protecting it from further damage and preventing traffic obstruction. Most insurance policies require insureds to take reasonable preventative measure to mitigate additional damages. Next, reach out to the authorities - remember, it's crucial to report injuries or instances of hit-and-run accidents to the police.
Gather essential information from the other driver - their name, address, phone number, license plate number, driver’s license number and insurance information. It's vital to record their insurance company and policy number, exactly as it appears on their proof of insurance card. Don't forget to gather contact information from any witnesses.
Never agree to overlook an accident, as there is most likely hidden damages, unknown injuries, and there may even be potential lawsuits down the line. If you have any queries or require assistance with claims processes, form filling, or documents, your insurance agent, a licensed adjuster, or your state department of insurance should be your go-to resource.
Who Should You Contact to File a Claim?
Reach out to your insurance agent or insurance company, as soon as possible. If someone else caused the damage, you'll need to contact their insurance company as well. Rest assured, your assigned adjuster will guide you through any additional steps.
How Is Fault Or Negligence Determined?
The insurance adjuster, as part of their investigation, will determine who is at fault based on the specifics of the accident. Remember, under North Carolina's Contributory Negligence Law, if you're even partly at fault, you might not be able to collect on a liability claim. Disagreements over negligence may require resolution in a court of law.
Should your car require repairs, whether as a result of a claim on your policy (a "first party claimant") or a claim on someone else's policy (a "third party claimant"), the insurance company shall bears the cost. You're free to choose your repair shop, irrespective of the insurance company's recommendations. We recommend you choose a manufactured-certified collision center, regardless of the year, make, model, or repairability. The payable amount under the policy remains the same, regardless of the chosen repair service. No insurance company can insist on after-market parts unless equal to the original in terms of fit, quality, performance, and warranty.
How To Navigate a Dispute With an Insurance Company
If you disagree with the loss amount as the first party claimant, you can leverage your policy's "Appraisal Provision". You and your insurer each select an appraiser, and they choose an umpire. They'll separately state the Actual Cash Value (ACV) and the loss amount. In case of disagreement, they submit their differences to the umpire. A decision by any two binds all parties, with costs shared equally between you and the insurance company.
As the third party claimant, if you dispute the loss amount, you have options. You can either file a claim on your own comprehensive or collision coverage and let your company recover the payment from the liable company, or work with the appraiser from the company to review estimates and strive for an agreement. If disagreements persist, it may necessitate legal action. Consulting with an attorney who specializes in property damage is always beneficial in such situations.
In cases where the repair cost equals or exceeds 75% of the pre-accident ACV, the insurance company must consider the vehicle a total loss, and the insurance company shall cover its ACV.
Conquer an Injury: Your Roadmap to Recovery
If you've suffered injuries, the medical payments coverage (if included in your policy) can assist with your doctor and hospital bills, irrespective of fault. Bodily injury claims can include bills, laboratory fees, lost wages, and pain and suffering directly related to the accident.
- Seek Medical Attention: This is the most important step. If you think you're injured, call an ambulance or visit an emergency room or urgent care center as soon as possible. Even if you don't feel hurt immediately after an accident, symptoms can sometimes appear hours or even days later. It's always better to be safe and get checked out by a medical professional.
- Document Your Injuries: As soon as you're able, start keeping a record of your injuries and any symptoms you experience. This can include pain, discomfort, difficulty sleeping, or any other physical or emotional changes you notice.
- Follow Medical Advice: Follow the treatment plan provided by your healthcare providers. This can include taking medication, attending follow-up appointments, going to physical therapy, and more.
- Keep Records of Medical Treatments and Expenses: Keep track of all treatments, medications, and other medical expenses related to your injuries. This can be crucial if you need to provide evidence of your injuries and the costs associated with them.
- Notify Your Insurance Company: Inform your insurance company about the accident and your injuries as soon as possible. They can guide you on the next steps to claim any benefits you're entitled to under your insurance coverage.
- Consult a Lawyer: If your injuries are serious or if there's a dispute about who's at fault in the accident, it can be helpful to consult with a personal injury attorney. They can guide you through the process of making a claim or lawsuit to recover costs associated with your injuries.
Remember, every situation is different, and what's most important is taking care of your health and well-being. North Carolina has no established guidelines for calculating compensation for pain and suffering, so if there's a disagreement with the insurance company over the value of your claim, highly recommended you seek legal advice. Most personal injury attorneys will review your case for free and depending on the circumstances, some may take the case on without any advance payment.
Unlock the Potential for Legal Success
Consider these critical factors to ensure a powerful partnership:
- Proven Experience: Opt for an attorney who specializes in personal injury law and auto accidents, demonstrating local court knowledge as a bonus.
- Solid Track Record: Pinpoint an attorney with an impressive history of triumphs in cases similar to yours. Outstanding settlement figures, success rates, and court verdicts signal a winning partner.
- Stellar Reputation: Sift through online reviews, ratings, and referrals to uncover an attorney whose stellar reputation shines within the legal community.
- Exceptional Communication: Choose a professional who speaks your language, breaking down complex legal jargon into understandable terms and ensuring transparency.
- Fee Structure Clarity: Familiarize yourself with their fee structure. Many accomplished auto accident attorneys operate on a contingency fee basis, only taking their share when you secure a settlement or win your case.
- Comfort and Interest: Trust your instincts. Your chosen attorney should spark a feeling of comfort and genuine interest in your case when discussing personal matters.
- Free Initial Consultation: Seize the opportunity of a free initial consultation offered by most personal injury attorneys. Utilize this chance to ask pressing questions and measure their suitability.
- Abundant Resources: Make sure your attorney is resource-rich, ready to handle your case, even when it escalates to expensive litigation.
Remember, diligence and patience in your selection process can dramatically impact your case outcome. Make your choice count!
We Recommend...
Our firm recommends Orndoff Law Firm and The Law Offices of Jason E. Taylor for any accident-related matters requiring legal advice.
Jason Orndoff of Orndoff Law Firm is a member of the Million Dollar Advocates Forum and was featured as a SuperLawyers Rising Star in 2011 and 2012.
The Law Offices of Jason E. Taylor features attorneys whom practice in more than three jurisdictions, have acceptance as a member of the Multi-Million Dollar Advocates Forum, and have received the AV Preeminent Martindale-Hubbell.
Citations and Disclosures:
- North Carolina Department of Insurance, "After An Accident" NCDOI (last visited June 7, 2023)
- Jason E Taylor, "Legislation To End Contributory Negligence Defense," The Litigator, May 4,2021.
*Please note that the following information is provided for general informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified attorney for advice specific to your situation. Laws regarding auto accident claims may vary by jurisdiction, and the outcome of individual cases depends on the unique circumstances involved.
