Accident Insurance

How does NC accident insurance work?  Who pays if I was hurt in North Carolina?  

by Danny Glover, OBX Accident Attorney and Outer Bank Personal Injury Lawyer

Not having enough accident insurance can present quite a problem.  That is especially true if you are the one who caused the car accident (OBX lawyers call that “at fault” or “legal liability”) and are subject to claims for negligence in North Carolina.

Glover Law Firm servicing the Outer Banks NC - Criminal cases DUI Auto Accidents and Personal Injury Claims

While North Carolina requires insurance for vehicles on the roadways, mandating certain minimum levels of NC insurance coverage, there are times that level of protection just isn’t enough.

What happens then?  What happens if there isn’t enough accident insurance after an OBX wreck?  Who pays for your injuries?

It can get a bit confusing, but if you seek legal representation by an Outer Banks lawyer or Googled “Car Accident lawyers near me OBX,” our law firm may be able to help.

Personal injury cases can be a complicated when accident insurance becomes an issue.  We may be able to find other insurance policies, levels of coverage, or even additional sources (or assets) from which to collect.”  Danny Glover, OBX accident lawyer

What does “personally liable” mean?  Does my accident insurance pay for my injuries or damages after a car wreck? 

Normally, the person who caused the accident, whether it is a car accident, motorcycle accident, or even an OBX semi truck accident, is legally responsible for your losses.  Those may include things like medical bills, lost wages, permanent injuries, and property damage to your vehicle.

READ MORE: 4 Ways Auto Insurance Can Increase

If the other person who caused the wreck bought the cheapest insurance out there, that may mean they have what experienced OBX personal injury lawyers call “minimum coverage.”

When found  to be at fault (legally liable), and damages exceed the amount of available coverage, the insurance carrier may offer to “pay the policy limits.”

If your damages after a car accident exceed the policy limits (the amount of insurance they have), then the person who is at fault for the car accident and legally responsible for the resulting personal injury, may also personally liable for any amount over the policy limits.

glover law firm for accident and personal injury claims in Elizabeth city NC

Put simply, if someone doesn’t have enough insurance after a North Carolina accident, whether if they are from out-of-state and you live on the Outer Banks NC, they could be required to pay you back out of their own pocket.

That’s true too if you were the one visiting Nags Head, Manteo, or Kill Devil Hills on vacation and were injured in a car accident by someone who lives in OBX NC.

In the instance where there is not enough insurance, that may also trigger something on your insurance policy called UIM which stands for Under Insurance Motorist protection.  Experienced OBX lawyers are used to working with UM / UIM insurance and accident claims in North Carolina.

UM accident insurance refers to cases where the “at fault” driver had no insurance at all.  UM stands for UN-insured motorist accident insurance in NC.

That does NOT mean the at fault driver is not still personally liable for the car accident.  Just like before, if someone else caused the accident and is found to be legally negligent and therefore liable, they could owe the entire amount for your injuries and damages.

The big question then becomes:  Do they have the money to pay for your losses after an OBX car accident?

While it’s possible someone may have simply forgotten to pay their car accident insurance policy, resulting in a lapse and therefore no coverage (UM claims), all-too-often the reason the car insurance lapses is because they didn’t have money in the first place.

Sometimes it’s true:  “You can’t bet blood from a stone.”  Obtaining a judgment for money damages after an OBX accident lawsuit is not the same as collecting on those damages.  That’s when UM or UIM insurance in North Carolina can be so incredibly valuable. . .and important to your long-term well being after an NC accident.

The potentially good news is that your auto insurance policy on your vehicle may be an avenue for money damages after an accident.  You may be able to make a claim under either your UM or UIM policy when the “at fault driver” either did not have insurance or did not have enough car accident insurance.

If you have questions about all this, OBX lawyer Danny Glover is available for consultation.  With more than 20 years helping people on the Outer Banks in places like Kill Devil Hills, Nags Head NC, Manteo, Buxton, and Ocracoke, North Carolina, our OBX law firm is here to serve you.

Now is the time to call our Danny Glover OBX attorney.  

We provide free consultation to people hurt in OBX car accidents.  We’re used to dealing with accident insurance legal issues with people who may be visitors to the Outer Banks hurt in accidents.  Danny Glover, Car Accident Lawyer

What do I pay after an accident?  What does my accident insurance cover?  What if I caused the accident?

Your insurance does not determine how much you owe somebody.

 

READ MORE: What Insurance Should You Use?

bicycle injuries while riding

Your insurance coverage amounts simply tell you how much of that amount your insurance company is going to pay, so when you owe someone more money than your insurance coverage, that’s called an access judgment, and you are personally responsible for the amount that you owe after your insurance pays its limits.

CALL NOW 252-299-5300 for Free Consultation

If you were injured due to the criminal negligence due to DUI OBX or drunk driving in North Carolina or DWI charges Outer Banks NC, we’re here to help.

 

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Can I sue for an out of state accident?

Where do I file an insurance claim?  Can I sue for an out of state accident?

By Danny Glover Jr, Elizabeth City NC Car Accident Lawyer, Trucking Accident, and OBX Motorcycle Accident Attorney

If you were involved in an “accident” in North Carolina, normally that is the state where a legal claim for damages would be made.  While there are certain exceptions, a good general rule of thumb is this:

If you were injured in North Carolina, you bring legal claims or file suit in North Carolina.  It does not matter where you are from or even if you are resident or citizen of another state.

We see a lot of visitors from Virginia, South Carolina, and even Washington, D.C.  to the Outer Bank.  And with the increased amount of travelers on the roadways comes an increased number of OBX car wrecks – Danny Glover, NC Injury Attorney

Pasquotank County NC Car Crash Statistics – Traffic Fatalities

  • 2011  – 8 Motorists Killed
  • 2012 – 3
  • 2013 – 0
  • 2014 – 3
  • 2015 – 4

Over a 10 Year Average, there have been 4 Traffic Related Fatalities in Pasquotank County, NC.  Five or more people are killed on the roadways of Dare County, North Carolina on an annual basis.

 

  NC DOT 2016 Traffic Crash Facts

 

 

What type of legal cases do you handle?  Can you help someone from Virginia who was hurt in North Carolina? If I live in another state, Can I sue for an out of state accident?

Our law firms provides legal representation for:

 

Indeed, it just makes sense to seek legal representation from a lawyer and law firm where the accident took place.  It doesn’t matter if you live in another state.  Any claims for damages from an accident in Elizabeth City, Winfall, or Edenton, North Carolina would be subject to North Carolina personal injury laws.

Danny Glover Attorney:  Verdicts and Settlements Info 

 

The law that applies to a wreck is the law of the location of the wreck.  If that is in the Outer Banks of North Carolina, you’ll want to speak with an Outer Banks lawyer – Danny Glover

 

READ MORE: Who Is Liable In The Event of a Wreck?

 

That means North Carolina law is going to apply to a wreck in Elizabeth City, Carolla, Duck, and Kitty Hawk accident cases.  It doesn’t matter if you live in Virginia, or Kalamazoo, Michigan, or Alaska.

Why do you say, “There is no such thing as an accident?” 

While people often refer to car wrecks as “accidents,” in the truest sense of the word, it was no “accident.”  Sometimes we all use euphemisms to get through talking about a difficult subject.  Insurance companies use words like “accident” or “soft tissue injuries” and “fender-bender” to describe what can be very serious, long-term personal injuries and life-changing medical conditions.

Insurance companies do that to make your injuries seem inconsequential or less-serious than they actually may be.  It’s a way to limit damages.  And while a creative use words, the ultimate goal of NC insurance adjustors is to limit, if not eliminate the possibility of paying money damages after a car crash.

You generally aren’t going to see “fender bender” cases in court, at least in cases where there is an experienced Outer Banks Personal Injury Attorney involved.

The cases we handle involve real people with real injuries who have been hurt because of real negligence.  We don’t have time to waste bringing frivolous lawsuits or legal claims.  We are all-too-often forced to file lawsuits in North Carolina because the adjustor just will not pay what is either fair or appropriate given the long-term, if not permanent injuries after car “accidents”  Danny Glover, Elizabeth City NC Lawyer

LEARN MORE: How is liable for NC accident cases?

Lawyers in court do their best to use simple, accurate words.   It wasn’t an “accident,” it was a car wreck or collision caused by the negligence of another.  The person who caused the wreck failed to do something.  It could be as simple as not exercising due care and circumspection for the existing traffic conditions or weather.  They may have failed to keep a proper lookout or stopping distance.

glover law firm outer banks nc

In some Eastern NC wrecks, the person responsible for damages may have be careless, whether or not they were formally charged with careless and reckless driving in NC.  Chances are, if you find yourself in need of legal representation due to an “accident” someone else caused and through no fault of you own, they failed to follow the NC Traffic laws.

It isn’t an “accident” when you don’t follow the rules.  You made a decision.  Whether it was speeding over the limit or even drunk driving, you made a choice.  And as a result of that choice, or what plaintiff’s lawyers may refer to as the direct and proximate cause, you were injured.

So while we may use the terms interchangeably because it may be easier to explain a difficult subject, the truth of the matter is this:  There is no such thing as an accident.  Someone caused your injuries.

And if that is the case, if you were injured in Elizabeth City or Kitty Hawk NC or Kill Devil Hills, North Carolina, our law office is here to help.  So, you need an attorney in Elizabeth City to handle an Elizabeth City car wreck.

 

MORE INFO: Steps to Take Before Calling an Accident Lawyer

 

FOR FREE CONSULTATION Dial:   (252)-299-5300

Call OBX Accident Lawyer Danny Glover Jr NOW 

 

 

 

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OBX Car Accident Lawyers

Vehicle Damages

Outer Banks Lawyers OBX Attorney Danny Glover Car Accident Compensation

After an OBX wreck, what happens to my car?  Who pays for vehicle damages?  Am I required to get my car fixed after an accident?

One of the more immediate concerns after an Outer Banks car accident is dealing with getting your car repaired.  Even with a rental, which may be an option in some instances, it takes time to review the damages and schedule work to be performed.  It also may take more than one shop, especially if there is substantial frame damage, bodywork, and the need for painting.

While a lot of focus is understandably placed on personal injuries, medical care, and outstanding medical bills, lawyers also provide legal representation for property damages, vehicle repair, valuation of the loss, and depreciation after a wreck.

Property damage after an car accident is an important aspect of the case legal presentation.  Indeed, it often proves to be one of the more immediate needs of our clients.  It’s also regularly a source for contention, as accident insurance companies often don’t want to pay the fair market value – Danny Glover, OBX lawyer 

A lot depends on the nature and extent of the wreck.  What type of vehicles were involved?  Was is 18 wheeler vs car?  UPS truck vs mini-van?  Pickup truck vs Honda Prius? SUV vs motorcycle?

To some extent, it comes down to physics, the weight of the respective vehicles, the speed at impact, and whether any effort was made prior to the collision to change direction or stop prior to the accident.  Vehicle damages can be complicated.  Part of the calculation for damages also includes the make and year of your car.  Older model vehicles depreciate over time and may be difficult to fix if parts are unavailable.

Who Is Liable For Accident Injuries?

It’s also relevant for the insurance defense attorney to deduct from the value “high mileage” and prior damages.  And as a result, the type of vehicles involved in the OBX car accident (or motorcycle accident) is as important as how your car or motorcycle was damaged as a result of a traffic “accident.”

While it may be common for defense lawyers to use the term “car accident,” there really is no such thing as an accident.  If you were injured as a result of negligence, that was not an accident.  A decision was made, whether it be to not follow the NC traffic laws or the failure to operate a vehicle in both a safe and lawful manner.

Motorcycle wrecks are often a total loss.  It doesn’t take much impact to completely destroy a motorcycle.  There is an inverse relationship with motorcycle accidents in the Outer Banks NC.  The property damages tend to be lower, because motorcycles aren’t as expensive as most cars.  But the personal injury claims are substantially higher, because the person on the motorcycle has nowhere near the same protection as a car accident – Danny Glover, OBX motorcycle accident lawyer 

Damages after a car accident involve more than exterior repairs

The way cars are designed and built nowadays sometimes disguise the true nature and extent of vehicle damages.  Back in the 1950’s American cars dominated the roadways and everything was fabricated out out steel.  If you crumpled a bumper back then, it wasn’t hard to imagine the level of impact.

You could look at a quarter-panel or smashed front-end and understand the relationship between vehicle speeds and the mass of vehicles in a car accident case.

Lawyers who handle accident cases in the Outer Banks OBX NC

Vehicles today are built with ultra-light and resilient materials.  Indeed, some very smart engineers have learned to transfer and distribute loads associated with the force of impact after a car accident.  An exterior bumper might “pop back out” with a minimal amount of work, disguising substantial vehicle damages to energy absorbers and brackets.

Under United States Federal Automotive Laws 49 CFR Part 581 a “Bumper Standard” was put into place to limit exterior damages at barrier impact speeds.  Hidden under the exterior (attached to both front and back bumpers) of most newer-model vehicles are compressible, accordion-like rubber compression modules.

In inspecting for vehicle damages after a car accident, it’s important to look for telltale signs of the impact such as missing or cracked plastic facia.  That often means putting your car on a lift and completing a visual inspection of the hidden areas of the car.  It also may mean removing the bumpers and looking for damage to the energy absorbers and even to the frame of the vehicle.

If a frame is bent after a car accident, which is relatively common after semi truck accidents and large vehicle vs small vehicle collisions, very little can be done to repair the car.  Contrary to what an insurance adjuster may tell you, vehicles with a bent frame will never ride the same, they’ll be subject to a host of consistent repair issues, and should in most instances be declared a “total loss” or “totaled.”

Am I required to get my car fixed after an OBX car accident? 

 

You’re entitled to the full value of damages, which means either the total loss amount or the amount that it would cost to repair the vehicle, but it’s your car, and you’re not required to get it fixed if you don’t want to.

CALL NOW FOR FREE CASE EVALUATION 252-299-5300

 

 

 

 

 

 

 

 

 

Will insurance require my car to be repaired in NC? 1705z18

OUTER BANKS LAWYER DANNY GLOVER CAR WRECKS DWI CRIMINAL DEFENSE PODCAST

OBXLAWYER Danny Glover

Becoming an Attorney and Choosing the Right Lawyer for You – by OBXLAWYER Danny Glover I recently had the chance to sit down and talk with Scott Neal, my friend, and host of The Imperfect Leader Podcast. Thanks first to Steve for the opportunity and for his gracious, kind spirit.  I really enjoy talking to … Read more

Who is liable in the event of a wreck?

  • Who caused the accident in North Carolina?
  • Who is responsible for NC injury claims?
  • What laws were broken?
  • Who had the last clear chance to avoid the wreck?
  • Was anyone negligent?

Liability first and foremost applies to who is at fault in the wreck – Danny Glover NC Wreck Attorney

READ MORE: There really isn’t such a thing as an accident

If you have a car and someone unrelated to you is driving it and they cause it a wreck, it’s possible that you could be held responsible depending on whether they are your employee, perhaps whether you knew they were drunk and still gave them your car, whether you knew they were a habitual reckless driver and you still gave them your car.

 

 

But ordinarily just because your name is on the title does not mean you are responsible for the wreck.

It may mean that your insurance company is responsible for the wreck, but that’s because your insurance company insures not only you, but anyone driving your vehicle with your permission.

So, talking about whether or not you’re liable versus your insurance company is liable are two completely separate things.

If you were injured in a car accident in Currituck NC or are looking for an NC injury lawyer, our law office is here to help with your personal injury claim.  Seeking money damages for things like lost wages, medical bills, and permanent injuries for Outer Banks accident cases requires careful consideration of what happened on the scene of the wreck.

pedestrian rights glover law firm elizabeth NC

One of the more important things experienced personal injury lawyers do is determine fault.  Who caused the wreck is key to NC injury law cases.  That’s because NC accident cases can involve something called contributory negligence.

Not all cases involving semi-truck accidents or motorcycle collisions in North Carolina require a jury trial.  In fact, most personal injury cases in North Carolina are “settled” without the need for litigation.

 

Car insurance companies in NC and insurance adjustors regularly deny claims for personal injuries in wreck cases. They know and understand the personal injury laws.  If they think you were at all responsible for the wreck or that even in some small way contributed to causing the accident or your injuries, they will deny your claim.

What should I do if my car accident claim was denied by the North Carolina insurance adjustor?

While lawyers are not always required in NC wreck cases, it certainly doesn’t hurt to call an experienced personal injury lawyer in Currituck NC for legal advice.  What some outer banks people don’t realize is that it doesn’t cost anything to talk to a car wreck lawyer.

We offer free legal advice about what we think about how the accident laws in North Carolina will affect and your accident case or claim for money damages.  That’s right, even if you choose not to retain our law office for legal representation, you will not get a bill from us unless you chose to retain our legal services.

That’s because on NC accident cases, we work on what’s called a contingent legal fee basis.

glover law firm auto accident claims and personal injury cases

Everything you tell us during the legal consultation is strictly confidential.  We keep secrets.  We don’t share what you tell us with anyone.  That is called attorney-client privilege in North Carolina.

What do NC accident lawyers need to know?

Wreck cases in North Carolina can get really complicated really fast.  One of the first steps of legal representation by a law office involves figuring out what actually happened.  That means your personal injury attorney will want to:

 

  • Gather evidence of the accident scene
  • Determine what proof for NC legal claims exists
  • Obtaining the law enforcement Accident Report
  • Review records of EMP Emergency Medical Personnel
  • Get copies of photographs, drawings, video and audio recordings

If you have questions like, “Do I have a case?  Can I make a claim for damages in North Carolina for a wreck case,” we’re here to help.

Call NOW for FREE CONSULTATION 252-299-5300 

 

 

 

 

 

 

 

 

 

 

 

 

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