• Old Minimal Liability Limits
  • $30,000 for injuries to one person in any one accident
  • $60,000 for injuries to more than one person in any one accident
• New Minimal Liability Limits
  • $50,000 for injuries to one person in any one accident
  • $100,000 for injuries to more than one person in any one accident

A Positive Change

As personal injury attorneys practicing in Fayetteville and Eastern, North Carolina, we see this law as a win for all drivers in North Carolina. If you’re severely injured in a car accident that wasn’t your fault, you need all the resources you can get to cover medical expenses and pay your damages. We’ve seen time and time again that $30,000 in liability coverage (which most drivers carry) is not enough. This law provides greater protection to all North Carolinians.

What About Uninsured Drivers?

Certain individuals will continue to break the law and operate a vehicle without liability insurance. If you’re hit by one of these uninsured drivers, you can file a claim with your own insurance company under your Uninsured Motorist Coverage (UM). Under the new law, your uninsured limits will now be $50,000 instead of $30,000, providing you with greater protection.

If you have a question about auto insurance, or you’ve been injured in a motor vehicle collision, call us today. The experienced attorneys at The Richardson Firm will be happy to provide you with a free consultation.

Southeastern North Carolina is not a safe place to drive. According to the North Carolina Department of Transportation, Cumberland and the surrounding counties of Robeson, Scotland, Hoke, Sampson, Harnett and Lee have some of the highest crash rankings in the state. Simply put, if you operate a motor vehicle in Fayetteville, you have a much higher chance of getting in wreck.

The chart below lists the crash data and rankings for the past four years. To formulate these rankings, the N.C. DOT uses “several factors including reported crashes, crash severity, crash rates based on population, registered vehicles and estimated vehicle miles traveled.”

This data impacts your car insurance rates each year. While you’re paying a higher premium than others in safer counties, many drivers around you still do not carry liability insurance required by law. If you’re hit by an uninsured driver, you may be forced to pursue your own coverage.

The Richardson Firm: Local Lawyers for Local Problems

As a result of these high crash rates, Fayetteville has been bombarded by legal advertising. Lawyers from across the state put up billboards, run television ads, and put their names on city buses in an attempt to cash in.

The Richardson Firm is a local law firm that has been in business, in Fayetteville, for over twenty years. We have dedicated personal injury attorneys that know the ins and outs of our local legal system. We live, work, and raise our families here. We’re experienced in a wide range of car accident cases, and we can help with any insurance dispute that may arise. If you’ve been charged with a traffic citation, we can help with that too.

You can read the case here: Chappell v. Webb

The deceased driver’s estate filed a wrongful death lawsuit against the drunk driver and the owner of the vehicle for negligent entrustment. The jury awarded the estate $40,000,000. This included compensatory and punitive damages against both defendants.

The Defendants argued on appeal that the Plaintiff’s counsel’s arguments were improper. In particular they didn’t like the attorney asking the jury to “speak loud” with their verdict. This is what the attorney said:

The size of your verdict is the volume with which you speak. A million dollars? That won’t carry out those doors back there. A few million dollars might be heard at the town limits, but if you want your voices to be heard in Raleigh, and Durham, and Oxford, and Smithfield, or across the state, or across the nation, you’re going to have to speak louder.

The jury spoke very loudly, sending a message that drunk driving would not be tolerated. The case made state-wide news. The verdict is a reminder that regular citizens can face extreme financial punishment in our civil court system if they act in a grossly negligent manner.

Here are two of the claims brought by the winning parties:

Wrongful Death In North Carolina

Claims of wrongful death in North Carolina are governed by statute:

§ 28A-18-2.  Death by wrongful act of another; recovery not assets.

(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. 

Negligent Entrustment

Negligent entrustment claims arise from case law:

Negligent entrustment is established when the owner of an automobile entrusts its operation to a person whom he knows, or by the exercise of due care should have known, to be an incompetent or reckless driver, who is likely to cause injury to others in its use. Based on his own negligence, the owner is liable for any resulting injury or damage proximately caused by the borrower’s negligence. Tart v. Martin, 353 N.C. 252, 254, 540 S.E.2d 332, 334 (2000).

What It Means For You

Remember, if a person is killed by the negligent or wrongful act of another, then the deceased person’s estate can pursue a wrongful death claim against the at-fault party in civil court.

Moreover, if you loan your vehicle to a person who is intoxicated, or to a reckless driver, and they cause harm, then you can be liable for the damage, even if you never got behind the wheel.

If you’ve been in a motor vehicle collision, have a wrongful death claim, or if you’ve suffered personal injury and need legal assistance, the attorneys at The Richardson Firm in Fayetteville will be happy to help.

Who Really Pays the Bill?

A problem arises when the hospital refuses to file your balances with your health insurance carrier. If there is another source of payment available, like the liability insurance of the person who caused your injury, the hospital may decide not to file your health insurance and instead receive payment from the other source.

This frustrates most people, and unfortunately, as attorneys practicing personal injury law in Fayetteville, we see it often. It is especially common in motor vehicle collisions, where hospitals will seek payment from the liability coverage of the at-fault driver or even the Med Pay, Uninsured, or Underinsured motorist coverage of your auto policy. The end result: it can be months, even years, before your hospital bills are paid. To make matters worse, if you have a personal injury claim, the hospital will put a lien on any money you receive in a settlement or judgment.

Follow the Money

Why wouldn’t a hospital simply file your health insurance instead of waiting? The answer is simple: the hospital often gets paid more money by not filing. Most health insurance companies have contracted rates with medical providers. This means the health insurance carrier only has to pay a percentage of your total bill. The remainder is often “written off.” Look at any medical bill your health insurance paid in the past, and you will see these “adjustments” in the margins.

By seeking payment from a 3rd party source like liability insurance, the hospital can be reimbursed for your entire bill, not the lesser percentage it would receive by filing your bill with your health insurance. It’s a money game, and injured victims are caught in the middle!

Is this legal?

Unfortunately, North Carolina courts have held that hospitals can choose not to file your health insurance. It’s their choice. In addition, the hospital can put a lien on any money you receive for your injuries from another source (typically the at-fault party’s insurance). This is all well and good until you begin to deal with the liability insurance company. There you may find that a settlement offer isn’t large enough to pay your hospital bill and compensate you for other damages like pain and suffering or lost wages.

What it Means for You

This article only touches on one of many issues that arise in our complex game of medical billing in personal injury claims. If you’ve stumbled on this post, you probably have additional questions that relate to your particular case. Our attorneys will be happy to provide you with a free consultation to see if we can help.

According to the court’s opinion, the Plaintiff and his golfing buddies drank a substantial amount of moonshine and beer during a round of golf on a course in Wilson County. After their round ended, some of the men decided to go hit some balls on the driving range. The Plaintiff parked his golf cart in a parking lot near the range while his buddies went to off to hit balls. His cart was parked about 60-70 yards from the tee boxes. A mesh fence ran alongside the parking lot, but the Plaintiff parked beyond the fence’s protection. As he sat in the cart, he began texting his wife on his cell phone.

You can probably guess what happened. One golfer struck a ball and hit the Plaintiff in his eye, causing alleged blindness. The Plaintiff sued the other golfer.

Contributory Negligence Bars Recovery in North Carolina

The North Carolina Court of Appeals ruled that the injured golfer could not recover damages for his injuries. He was barred by the defense of contributory negligence. The court laid out the two-part standard for the defense in North Carolina:

• a want of due care on the part of the plaintiff; and
• a proximate connection between the plaintiff’s negligence and the injury

They court found that the golfer’s “lack of situational awareness — due at least in part to his intoxication and the distraction from his cell phone — constituted plaintiff’s failure to exercise ordinary care.”

It certainly didn’t help that the golfer was inebriated. Would the court’s decision have been different if he was sober?

When It’s Not Clear-Cut

As attorneys representing injured parties in North Carolina, we face the defense of contributory negligence on a daily basis. This is especially true in premises liability and car accident cases, where injured parties are accused by defense attorneys and insurance adjusters of failing to use ordinary care and causing their own injuries.

Claims of contributory negligence are sometimes far-fetched, but they can stop an injury claim dead in its tracks and should be taken seriously. If you or someone you know has suffered personal injury and are facing claims of contributory negligence by the other side, you should seek the help of an experienced North Carolina attorney immediately.

Pre-Existing Conditions Can Cause Complications

Here’s an example to illustrate the issue: Imagine you had a herniated disk in your back. You received medical treatment for it in the past, but you never had surgery. You’ve had a nagging pain in your back for a few years, but it was something you learned to deal with. Now you’ve been in an auto accident that was someone else’s fault. The same disk in your back is now causing you severe pain, and you have gone back to your doctor and received treatment for the disk. Can you recover medical expenses and pain and suffering for your injured disk?

The Ultimate Issue: What Caused the Injury?

North Carolina law allows you to recover all damages that were “naturally and proximately” caused by the negligence of the tortfeasor. You can recover damages related to a health condition you already had, as long as you prove that the condition was activated, aggravated or made worse in a natural and foreseeable way. This is often achieved through the testimony of medical experts and treating physicians.

In the hypothetical scenario above, we would have to show that the disk in your back was aggravated (injured or made worse) in the traffic accident in order to recover damages related to your back. We would look at medical imaging to see any changes before and after the accident, and we would seek the opinion of medical professionals to prove that the condition in your back worsened as a result of the auto accident.

Medical Records and Insurance Companies

Insurance carriers and defense attorneys will comb through all of your medical history in an effort to avoid paying the full value of your claim. They will look to any evidence of a pre-existing health issue in an attempt to water down your damages. They will often claim that old-age, wear and tear, or some other mechanism caused a physical injury. It creates a significant challenge for any Plaintiff with a history of health problems.

However, a good lawyer can hold their feet to the fire. The personal injury attorneys at The Richardson Firm have decades of experience dealing with these issues. We have the resources, knowledge, and skill required to prove the truth, and we’ll fight for you every step of the way.

As an attorney practicing personal injury law in Fayetteville, North Carolina, my answer to this question will vary based on several factors:

Insurance: Who’s Writing the Check?

Due to complicated laws surrounding judgments and execution in North Carolina, obtaining money from an uninsured party can be like squeezing blood from a turnip. If the party is a massive corporation, like Walmart, Inc., then payment is not an issue. However, if you’re injured by a lower or middle-class person without insurance, or a corporation without many assets, you could wind up wasting a great deal of time and money for very little return.

If our clients were injured in a motor vehicle collision, we often look to uninsured (UM) or underinsured (UIM) motorist coverage for recovery. However, in other sorts of injury cases, where there is no statutory framework to protect innocent parties, we face significant challenges.

Getting The Insurance Policy

Car Accident Cases

In car accident cases, we’ll make an attempt to ask the auto insurance company for the policy limits. If they refuse, we are not out of luck. A North Carolina law (N.C.G.S. 58-3-33) requires the insurance company of an at-fault party to disclose the policy limits if the injured party agrees to the following:

• The person seeking the information submits to the insurer the person’s written consent to all of the person’s medical providers to release to the insurer the person’s medical records for the three years prior to the date on which the claim arose, as well as all medical records pertaining to the claimed injury.

• The person seeking the information submits to the insurer the person’s written consent to participate in mediation of the person’s claim under G.S. 7A‑38.3A.

• The person seeking the information submits to the insurer a copy of the accident report required under G.S. 20‑166.1 and a description of the events at issue with sufficient particularity to permit the insurer to make an initial determination of the potential liability of its insured.

Other Injury Cases

In non-automotive cases, at fault parties are not required to disclose their insurance information prior to a lawsuit being filed. Once a lawsuit is filed, we can request this information using formal discovery, specifically, under Rule 26 of the North Carolina Rules of Civil Procedure.

But what if we want to find out the insurance coverage prior to filing a lawsuit that could take months or even years to resolve? That is where the tactical skills of an experienced attorney can help. Every situation is different, but a good lawyer can often get the insurance information through negotiations with the other side.

Damages: What Does it Cost to Make You Whole?

Once we have decided that there is money available to recover, we turn to the issue of damages. The purpose of a civil action in tort is to make the wronged person “whole.” There is no way to waive a magic wand and heal your injuries, so the law attempts to quantify your loss in dollars. There are two types of damages we attempt to recover for our clients: economic and noneconomic.

Economic Damages: The Hard Numbers

Economic damages are easy to quantify. They represent specific amounts of money you were forced to spend, or money that you lost as a result of your injury. Some examples are:

• Medical Bills
• Lost Wages (Missing Work Due to Injury or Treatment)
• Loss of Earning Capacity
• Transportation Costs
• The Cost of Future Medical Care

Noneconomic Damages: The Grey Area

Noneconomic damages are more difficult to quantify. These damages are awarded by a jury based on your particular circumstances. Some include:

• Pain and Suffering
• Loss of Enjoyment of Life
• Mental Anguish

Proving these types of damages requires the skill of an experienced attorney. We often use testimony from friends, relatives, or health care professionals to illustrate the impact of an injury on our client’s daily life.

Noneconomic damages are capped by North Carolina law in medical malpractice cases. The amount of the cap is adjusted each year. The current cap is $656,730.

Medical Liens: Who Else Gets Paid?

One of the first steps we take in any injury case is to ask for our client’s health insurance information. Most health care plans have subrogation rights. This means that the health insurance company has a right to be paid back any amounts they paid to your medical providers for treatment related to your injury claim.

Here’s where it gets tricky: the rules are different for every plan.

Many health care plans falling under federal law (Medicare, Tricare, ERISA) require that we pay them back in full. Other plans falling under North Carolina law have caps. These plans can only take 50% of the total settlement, after attorney fees are deducted.

Negotiating The Lien Amount

Medical liens must be paid. If they are not paid, you could lose your health care coverage. However, we often have success negotiating the lien amount with the health insurance company. Any reduction we are able to obtain means more money in your pocket at the end of your case.

The Final Calculation

You have seen that it is not easy to calculate the value of an injury case until a great deal of work has been done by your attorney. Forgetting about insurance, unclaimed damages, and hefty medical liens can reduce the amount of money you receive at the end. Ultimately, the value of your case depends on your specific situation and the skill of your attorney.

If you’ve been injured or have questions about our legal services, please give us a call. We will be happy to evaluate your case, free of charge.

Who’s At-Fault?

I have litigated car accident cases for over a decade, and in my experience, the parts of the DMV form that cause the most heartache for my clients are the officer’s sketch illustrating the collision and the officer’s narrative about how the accident occurred. In short, clients often disagree with the officer’s conclusions about how the wreck happened and who was at fault.

North Carolina Courts have held that even though a law enforcement officer didn’t witness a collision, his/her accident report can be admitted into evidence in a civil case as an exception to the hearsay rule:

“Under N.C. Gen. Stat. § 8C-1, Rule 803(6) (1986) of the N.C. Rules of Evidence, “Records of Regularly Conducted Activity,” highway accident reports may be admissible, as a business records exception to the hearsay rule. To be admissible such reports must be authenticated by their writer, prepared at or near the time of the act(s) reported, by or from information transmitted by a person with knowledge of the act(s), kept in the course of a regularly conducted business activity, with such being a regular practice of that business activity unless the circumstances surrounding the report indicate a lack of trustworthiness. Fisher v. Thompson, 50 N.C. App. 724, 275 S.E. 2d 507 (1981). Such reports may also be admissible as “official” reports under Rule 803(8), “Public Records and Reports,” if properly authenticated.”
Wentz v. Unifi, Inc., 89 N.C. App. 33, 39-40, 365 S.E.2d 198, 201 (1988).

What If the Officer Got it Wrong?

Police officers are human beings and make mistakes, and their reports are only as good as the information they receive from individuals at the scene of the collision. Often times, people make misleading statements to police officers to avoid civil or criminal liability. This leads to bad reports.

It’s important to note that the officer’s report is not the “be all end all” of the matter. It is simply one piece of evidence. If you’ve been in a motor vehicle collision that was not your fault, but the accident report says you were at fault, it is extremely important to talk to an attorney. When presented with new evidence, the officers will often amend their reports. If the officer is being stubborn, you can still proceed with a civil claim against the other driver if you have evidence to support it.

If you have an accident report in your hand, and you’re having trouble deciphering the numbers on it and what they mean, click the green “Download” button at the bottom of the page for a Code Sheet from the DMV. It will help.

In North Carolina, every driver of a motor vehicle is required to have liability insurance. This insurance covers:

• Injuries caused to another person ($30,000)
• Damage caused to property ($25,000)

These are the minimal limits required by law. If you are caught driving without this insurance coverage, you could receive a citation.

However, as attorneys practicing personal injury law in North Carolina, we often meet clients who have been in a motor vehicle collision with someone who does not follow the law and has no insurance. Either the insurance has lapsed, the person never bought it, or the insurance company finds an exclusion in the policy to deny the claim. It happens more than you might imagine. According to recent statistics, 7.4% of all North Carolina drivers have no liability insurance. If you live in a less affluent county, the number is most likely higher.

If you are in a motor vehicle accident that is not your fault, and the person who is at fault has no insurance, then you have what we call an “Uninsured Motorist” claim.

The good news is that all auto policies in North Carolina are required to have uninsured motorist coverage, so as long as you are covered under an auto policy, you will have a way to obtain compensation for your damages. You can file an “uninsured motorist” claim with your own insurance company, and your company will be responsible for your damages up to the policy limits.

Speaking of policy limits, we always encourage our clients to talk to their insurance company and obtain more than the required North Carolina minimum. If you suffer any kind of serious injury, $30,000 may not be enough to compensate you or even cover your medical expenses. If you increase your limits, you will pay a little bit more in premiums each month, but it will be worth it if you ever need to file a claim.

If you’ve been involved in a motor vehicle collision, you’ve received a ticket for driving without insurance, or you have questions about insurance coverage, give us a call at 910-488-5050. Our attorneys will provide you a free consultation.

The attorneys at The Richardson Firm have assisted victims of automobile collisions across North Carolina for decades. If you’re in a collision, here are some practical tips that will help:

Pull Over – If you were involved in a car crash that includes damage, personal injury, or death, North Carolina requires by law that you stop your vehicle by pulling over to the side of the road. You may temporarily leave the scene of the crash to get medical help or call a police officer; otherwise, you must remain at the scene of the crash until a police officer completes an investigation or authorizes you to leave.

Call Law Enforcement – Drivers involved in car accidents that cause property damage, personal injury, or death are required to notify the local law enforcement by the quickest means possible.

Assist Anyone Who Is Injured – Check to see if anyone involved in the crash was injured and, if someone was seriously hurt, immediately call for medical assistance.

Statements About the Accident – It is required that you provide your name, address, driver’s license number, and vehicle registration number to the driver and occupants of other vehicles involved in the crash. It is also important to cooperate with law enforcement by providing basic facts. Most importantly, you are not required to admit fault, and no one can require you to give an opinion as to the cause of the accident.

Exchange Information – Just as you are required to provide your name, address, driver’s license number, and vehicle registration number to the driver and occupants, you should request the same information from other people involved in the car accident. We suggest that you ask to see the other driver’s license. It is also advised that all parties to the car crash exchange insurance information; however, it is not required by law.

Witnesses – Try to obtain the name, telephone number, and address of any witnesses to the accident.

Take Notes – Complete an accident information sheet which you can obtain from the police at the scene of the crash. Additionally, try to take your own notes about the collision. Use your phone camera to document as many pictures as you can of the other car, the scene, and your car.

Seek Medical Attention – Even if you do not think you were seriously injured, it’s a good idea to see a doctor. Many times injuries do not show symptoms until hours or even days after the accident.

Notify Insurance Companies – Report the accident to your insurance company, and ask about medical payments coverage. If the at-fault driver’s insurance has not taken care of the property damage, you can ask your insurance company to pay for it and seek reimbursement from the at-fault driver’s insurance company.

Keep Records Related to the Accident – Continue to keep notes about the accident, like your injuries, medical symptoms, medical and rental car expenses, and any out of pocket expenses you incurred as a result of the accident.

REMEMBER TIME LIMITS APPLY
Strict time limits apply to claims for personal injuries. The North Carolina statute of limitations for personal injury claims is 3 years. If you have not filed a lawsuit within 3 years after the date the injuries were caused, it is likely that you will be unable to proceed with your claim.

FIGHTING YOUR TRAFFIC OFFENSE
If you were charged with a traffic offense in an accident, you may still have a personal injury claim. It is important to speak with an attorney to assist with your traffic charges in criminal court as well as an attorney to assist with your injury claim. At The Richardson Firm, we have both civil and criminal attorneys who will team up to help you achieve the best outcome.

If you were injured in a car accident, contact the experienced personal injury attorneys at The Richardson Firm today to schedule a free initial consultation. Our attorneys will work tirelessly to obtain the best possible outcome for you. In the courtroom, there is no replacement for experience. Call us at 910-488-5050 to schedule a consultation with one of our attorneys.

Following a collision, North Carolina drivers have several legal responsibilities. By doing the right things, you can protect your rights and maximize the value of a car accident claim.

CAR ACCIDENT DO’S

Stop your vehicle: After an accident occurs, it is important that you stop your vehicle safely at the scene or nearby.

Seek medical attention: Don’t delay – timely documentation of your injuries is critical.

Remain at the scene and call 911: It is imperative that you call the police and remain at the scene until law enforcement authorities arrive.

Take pictures: Use your phone to take pictures of all cars involved in the accident. Try to take the pictures from multiple angles and multiple distances. Make sure to get photos of the roadway, skid marks, and debris on the roadway. If you have visible injuries, take pictures of those as well.

Get witness contact information: Because the insurance company will almost always claim that you were at fault, or at least partially at fault, it is important to have contact information for any witnesses at the scene. Get the witnesses’ names, addresses, and telephone numbers.

Report it: Sometimes a driver in an accident will ask to not call the police. No matter what, call the police and get a report. In addition, make sure to notify your insurance agent as soon as possible — after speaking to an attorney.

Hire an attorney: It is important to hire an attorney that will protect your rights and will fight for you, especially if you are at fault for the accident.

CAR ACCIDENT DON’TS

Don’t record a statement: Contact an attorney before you go on record for a statement with your insurance company or anyone else.

Don’t Leave: Stay at the scene of the accident until the authorities and help arrive. You also need to make sure you get witness information and photos.

Don’t post on social media: If you are in an accident, don’t post photos or details about it on social media until you have consulted with a lawyer.

Don’t settle before or without consulting a lawyer: Insurance companies may offer a few hundred dollars for an inconvenience you were caused. It is important not to settle until consulting with a lawyer because you may be deserving of much more.

Don’t Wait: Evidence is quickly cleaned up after a car accident. Contact The Richardson Firm today and have a team of experts work on preserving the evidence and building your case to protect your rights.

REQUEST AN ACCIDENT CONSULTATION TODAY

At The Richardson Firm, our compassionate car accident attorneys have helped many victims recover full and fair compensation for their injuries or property damage. To learn more about what we can do for you, please do not hesitate to contact our team today for immediate legal assistance. From our offices in Fayetteville, NC, we represent victims throughout the region.

If you have been injured in a car accident, it is important that you contact us right away. Schedule to discuss your options moving forward through the form on our website or by calling 910-488-5050.