North Carolina Car Accident Legal Questions

Absolutely. The only problem could be that on Halloween, when so many children are out and about, driving the speed limit could still be too fast for conditions. But, fight the case. I will bet that the gorilla guy won't be there, and since the cop did not witness the accident, he cannot testify to anything except what he found when he got there. Any statements made by the gorilla guy are hearsay, and are not admissible in court.... Read Answer

If your son was negligent in causing the accident, he would be responsible for the damages to the vehicle. Fortunately, if he is an insured under an automobile policy of his own or a family member, the liability coverage of that policy will pay for the damages. I would advise your son to contact his insurance company.... Read Answer

Dear Anonymous: Unfortunately, the answer is no. Your damages are measured by the value of the property you lost. If the car is worth $5,000, but you still owe $10,000 on it, you cannot recover the difference from the at-fault driver. If it were otherwise, people could enter into ridiculous agreements ("I'll pay $100,000 for this 1979 Ford Pinto, which is worth fifty bucks.") and then make a claim for the money they still owe, even though the property they lost was never actually worth what they are claiming. This problem of owing more than the car is worth is why some people purchase GAP insurance, which pays the difference between the value and the amount owed in the event the latter is greater than the former. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous: Since your wife's accident occurred after October 1, 2011, the only amount that would be presentable should a jury trial be required would be the amount actually paid (by you or your health insurance) plus the amount necessary to pay any outstanding balances that may be left behind. This is due to a change in the law and placed within the Rules of Evidence.  However, a liability carrier representing the at-fault driver may be willing to compensate your wife based upon the total bills for various reasons. This new legislation has made it that much more important to secure experienced legal guidance to navigate through the issues. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Curtis,   Did the accident happened in North Carolina? if so, the minimum limits are $30,000/$60,000. Even if this is an out of state policy, they often contain conformity clauses which raise the minimum limits to the limits of the state in which the accident occurred. If so, there would be another $5000 in liability coverage. Aso, was the driver the owner of the vehicle that struck you? If not, it is possible that the driver has a insurance policy of their own which would potentially stack on to the liability coverage of the vehicle. this certainly needs to be investigated. Finally, before collecting the liability coverage , you need to to provide written notice to your underinsured motorist carrier of your intent to accept the liability coverage and offer them the opportunity to advance their limits. failure to do so can jeopardize your rights under your own underinsured motorist coverage. If your injuries are significant, you certainly do not want to leave coverage on the table. You said that your underinsured motorist carrier has offered you an additional $25,000. Are they claiming that that is there limits? Keep in mind that your underinsured motorist carrier is only liable to the extent of the policy limits you purchased. Before settling any part of your claim, speak with an attorney.    ... Read Answer

Whether the officer who investigated the accident found fault on one party or another is irrelevant. What matters is what the insurance companies determine. There is no point trying to work this out between you and the other driver. Notify your insurance company and let the other driver make a claim. The North Carolina if either party is any degree of fault in causing the accident they are barred from recovery from the other. This is due to the doctrine of contributory negligence. if the insurance companies cannot agree between the two who was at fault they will likely resolve the matter through intra-company arbitration. If your carrier wins, you will likely be reimbursed for your collision deductible. ... Read Answer

First let me start by saying that I am sorry to hear about your loss. In 22 years of practice both as a prosecutor and a personal injury attorney I have seen firsthand many tragedies arising out of drinking and driving. The question you ask is whether or not you can bring a lawsuit arising out of this accident against the club. You referred to the individual as your lover. I'm assuming by your use of that phrase that this is neither a relative nor a spouse. Unless you are related by blood or marriage or are named in a will, you would have no standing to receive any money in a wrongful death claim. Under North Carolina law, an individual who contributes to their own injuries or death through their own negligence is barred from recovery under the doctrine of contributory negligence. Voluntarily consuming alcohol and then operating a motor vehicle would likely be considered contributory negligence on the part of the decedent.There are exceptions for willful, wanton and or gross negligence, however I do not believe those exceptions would apply under the limited facts that you have provided.  ... Read Answer

It sounds like it liability insurance carrier is denying your claim based on contributory negligence. In North Carolina if you're any degree of fault bringing about your own injuries, you are completely barred from recovery from a third-party. Depending on how long you were stopped, visibility and road conditions, you still may be able to recover under the Doctrine of Last Clear Chance. This doctrine allows recovery by plaintiff who is himself negligent in circumstances where the defendant failed exercise due care when confronted with a negligent plaintiff to otherwise avoid injury to them.   In this circumstance I'm assuming that the highway was divided with a median. There is no duty to stop for school bus on a divided highway. There is a prohibition on stopping in the travel portion of a Highway. There is also the duty obviously to avoid colliding with vehicles stopped on the highway. Even if both of you were negligent, if the defendant had the last clear chance to avoid colliding with you it may still recover. This means you would have to prove that the defendant through the exercise of due care, should have seen you stop in the roadway, had the opportunity to apply his brakes and stop or otherwise change lanes before colliding with you, yet failed to do so.   I seriously doubt whether the liability carrier would ever concede that there insured in the last clear chance to avoid the accident. It is quite likely that you will need to file a lawsuit against the adverse driver in order to have any possibility of recovery. Whether or not an attorney will be able to assist you in this would depend in part on the severity of your injuries as a case like this would involve a significant amount of time and effort to pursue.... Read Answer

Dear Anonymous: While the answer ultimately depends on the language in your insurance policy and some more fact details, generally you will be held liable - and therefore, your insurance policy will pay - for damages caused by anyone who is a permissive user of your vehicle. Basically, that means if you are driving your car and cause damage by your negligence, then your insurance policy should pay. If your car was stolen, or the user is not a permissive user of your car, your insurance policy will usually not pay for damages done by the negligence of the person who stole your car or was using it without your permission. It sounds like in your case there may be several questions to ask: Did your granddaughter really steal ther car? Did you report that to the police? Would you even want to do that? Did she regularly drive the car with your permission and she just didn't happen to ask this time, but really, you were fine with her taking it? Most likely your insurance company will deny coverage if you tell them the car was not being driven with your permission. A side issue is that if one of the people your graddaughter hit was attacking your granddaughter, that person is likely contributorily negligent anyway, and because of that, the attacker would not have much of a case against you or your graddaughter anyway. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 1-888-372-4859.... Read Answer