North Carolina Insurance Legal Questions

The insurance company only has to send one notice to one address, which I assume your son received. They do not have to send separate notices to both owners if the two owners have separate addresses. It's impossible to be certain with reviewing the contract that you actually signed, but the standard auto financing contracts say it is the owner's responsibility to keep insurance, and that the lender at its sole option can purchase signle interest coverage. Notice I said option. The lender is not required to purchase insurance when full coverage lapses. The standard financing contract says IF there is insurance, the owner must allow the insurance proceeds to benefit the lender. You and your son are responsible for both repairing the car and continuing to make the required loan payments. Neither the insurance company or the lender did anything wrong here, in my opinion. You sould take all of the paperwork to an attorney for a specific, personalized consultation.... Read More

The disadvantage to not seeking to recover diminished value of a car damaged by another's negligent conduct is that you will not be fully compensated for your loss.    I assume that the insurance company has paid the cost of repairs, and possibly for loss of use of your vehicle during the time that it was out of service.    Diminished value represents the amount of money by which the vehicle's residual value was reduced as a result of being wrecked. Any car dealer will tell you that a car that has been wrecked, even if fully restored, is worth less money than a vehicle of like kind that has never been damaged.    I hope this helps. ... Read More

Your agent is mistaken. Immediately upon your mother's death, unless she had a valid will that provided otherwise, title to all her real property vested in you and your sisters. It did not need to go through probate and you all have insurable interests in these properties.   You may need to apply for insurance in your joint names, ie, "You, Sister 1, Sister 2 and Sister 3, as tenants-in-common" because that is how you all hold title to the property.  The agent really needs to speak with the underwriting department of the insurance company. They should be able to straighten this out.    I hope this helps but if you still have questions or concerns, do not hesitate to contact me.     ... Read More

You do not have to have your vehicle repaired at the place the insurance company tells you. The contract of repair would be between you and the body shop. The insurance company will only pay as much for repairs as is required under their coverage but they do not have the right to insist on where you have those repairs done. ... Read More

 A co-signer on a loan may be either a co-owner or a guarantor for the primary owner or borrower. My guess is that the title to the vehicle was put in both names: your friend's and yours. That is why the insurance company was able to have your license suspended for the wreck.   If you can show that you never operated the vehicle or did not otherwise receive any personal benefit from this arrangement, you may be able to convince the court that your role in this endeavor was as a guarantor.  That would permit you to sue the co-owner for the money you were forced to pay on his behalf.  The legal theory is that, generally speaking, if a guarantor has to pay money on account of the conduct of his principal, the guarantor has a right to be indemnified, that is to say, to be made whole by the other person.   A lawyer experienced in civil litigation should be able to assist you with your case.  While there are some lawyers who might be willing to take your case on a contingency fee basis (taking a percentage of your recover as a fee), you should be prepared to retain (pay upfront or as the case goes along) any lawyer you ask to assist you. The reason for that is that a person who fails to maintain auto liability insurance is likely to be financially unable to pay you the money you were required to pay out.  I hope this helps.       ... Read More

It is this not unusual for there to be a disagreement among appraisers as to the value of the property. If your policy has a binding arbitration provision, I suggest you demand a hearing on the value issue. Absent that your only remedy would be to file a lawsuit in Dare County seeking damages.... Read More

Typically, it is worthwhile to hire an attorney to handle these types of claims.  While you will have to pay the attorney a percentage of any recovery, I think there are plenty of studies out there that indicate that the client ends up with more if they hire an attorney.  However, if you get too far along with negotiations with the insurance company, attorneys are going to be very hesitant to take on your case.  I would suggest that you at least talk with someone now (attorneys don't charge for these types of consultations, or at least, they shouldn't charge).  That way, you will know more about the process, what to expect, etc., and you can make a decision as to whether you should hire an attorney. Either way, good luck going forward. -Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read More

This sounds like you would have a claim for coverage.  I would recommend that you speak with an attorney in your area who is accustomed to handling personal injury and other insurance-related claims.  I am very sorry to hear about the fall and the injury.  Good luck with everything going forward. Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read More

What will likely happen is driver who was struck in the rear will file an "uninsured motorist claim" with their own insurance company. That insurance company may in turn contact your daughter to seek reimbursement for money they are required to pay for the damages. In addition, you may receive a notice from the North Carolina Department of Motor Vehicles  suspending your daughter's license for driving a motor vehicle without insurance.   As to the citation, there is a possibility that the citation would be dismissed by the Dist. Atty. if the damages are paid by the uninsured motorist carrier and your daughter has current insurance.   I would also make sure that the cancellation of your daughters insurance was done properly and confirm the effective date. I have personally handled a number of cases where insurance companies have denied coverage where they have failed to properly notify their insured.... Read More