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10550 Independence Pointe Pkwy, Ste 200
Matthews, NC 28105
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(704) 759-6110

Semirog Law Firm, pllc is a personal injury and auto accidents law firm located in Charlotte and Matthews, North Carolina.   We are committed to providing quality legal services in a dedicated and cost-effective manner to all members of our community, regardless of race, gender, or national origin.

We have handled complicated litigation in the areas of personal injury, car wrecks, truck accidents, family and business law.  In addition, we have experience in real estate law and short-sale negotiations.

We offer standard and flexible billing arrangements for our clients, such as flat fee billing, hourly billing, and contingency fee billing depending on the type of legal matter.

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Newsletter

Matthews North Carolina personal injury and auto accident attorneys and Charlotte North Carolina personal injury and auto accident and car accident and motorcycle accident attorneys.

Read our blog where we post recents news in developments in the personal injury and car and auto accidents law in North Carolina.  Learn interesting facts and legal concepts that will help you in your daily life.

Filtering by Category: Auto Insurance

Insurance Points in Case of an Auto Collision

Serge Semirog

In North Carolina, drivers who are convicted of moving traffic violations and/or cause accidents will be charged higher premiums in accordance with their driving records.  

Insurance points are charged as follows for convictions and at-fault accidents:

1 POINT

  • Moving violations
  • At-fault accident resulting in bodily injury (to all persons) of $1,800 or less; OR resulting in property damage (including damage to insured’s own property) of $1,800 or less
  • Speeding 10 mph or less in excess of speed limit of less than 55 mph

2 POINTS

  • Illegal passing
  • Following too closely
  • Driving on wrong side of the road
  • At-fault accident resulting in total property damage (including damage to insured’s own property) in excess of $1,800 but less than $3,000
  • Speeding more than 10 mph over the speed limit provided the total speed is in excess of 55 mph, but less than 76 mph
  • Speeding 10 mph or less in excess of speed zone of 55 mph or greater

3 POINTS

  • At-fault accident resulting in death, or total bodily injury* (to all persons) in excess of $1,800; OR resulting in total property damage (including damage to insured’s own property) of $3,000 or more

4 points

  • Reckless driving
  • Hit-and-run resulting in property damage only
  • Passing a stopped school bus
  • Speeding in excess of 75 mph when the speed limit is less than 70 mph
  • Speeding in excess of 80 mph when the speed limit is 70 mph or greater
  • Driving by a person less than age 21 after consuming alcohol or drugs

8 points

  • Driving during revocation or suspension of license or registration
  • Aggressive driving

10 points

  • Highway racing or lending a car for highway racing
  • Speeding to elude arrest

12 points

  • Manslaughter or negligent homicide
  • Prearranged highway racing or lending a car for prearranged highway racing
  • Hit-and-run resulting in bodily injury or death
  • Driving with a blood-alcohol level of .08 or more
  • Driving commercial vehicle with a blood-alcohol level of .04 or more
  • Driving while impaired
  • Transporting illegal intoxicating liquor for sale

 

 

Should you buy additional insurance when renting a vehicle?

Serge Semirog

Many travelers are understandably unsure about their coverage when they approach a car rental counter.

Do I buy the liability coverage or not?  Do I buy excess coverage?  These are some of the questions people ask.

Out of 632 consumers surveyed by the National Association of Insurance Commissioners (NAIC) 42% were either thoroughly confused or had only a rough idea about insurance.  As a result, many consumers purchase unnecessary insurance and end up wasting money.

Most often in North Carolina your personal auto insurance policy and a credit card used for the rental may provide sufficient liability coverage.

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However, protection provided by credit card companies can be tricky and may contain strict conditions.  For example you may be required to notify the credit card company within 45 days of an incident.

In North Carolina, an insurer (car rental agency) by the terms of its policy can exclude liability coverage under an owner's policy if the driver of a vehicle (you the renter) is covered under your own liability policy for the minimum amount of liability coverage required by the Motor Vehicle Financial Responsibility Act.

The Act is satisfied if the terms of the policy exclude coverage in the event the driver of a vehicle is covered under some other policy for the minimum amount of liability coverage required by law.

In other words your own auto insurance will usually cover the loss if the insurance policy of the rental agency excludes coverage in case your own auto insurance policy carries the minimum amount of liability coverage required by the Motor Vehicle Financial Responsibility Act. 

In Jeffreys v. Snappy Car Rental, the NC Court of Appeals ruled that:

A car rental company was not obligated to provide $25,000 of primary liability coverage to a renter for an accident that occurred while the renter was driving the rental vehicle where the renter had a valid liability policy for the minimum amount required by the Financial Responsibility Act, and the car rental agreement specifically excluded liability insurance coverage.


It just happens so that sales of insurance or damage waivers that absolve renters involved in an accident are an important profit center for a car rental company.

Most auto rental companies sell several types of coverage: a loss damage waiver, supplemental liability insurance, personal accident insurance and personal effects protection among others.

Nonetheless, in many cases it makes sense to buy coverage from the car rental company, especially when it comes to coverage of the damage to the rental vehicle (collision coverage).

At times it may be a hassle dealing with a rental car company and others involved in an incident, especially if it happens abroad.  The rental car company may charge you upfront until your own auto insurance reimburses the loss.  Also, optional coverage can be a good idea even if you have full coverage, so that you can assure good standing with your own insurance company.

It always pays to take the time to understand what your insurance company and credit card issuer will cover. 

Finally, note that insurers of automobile rental businesses have been held not to be liable for damages when provisions of the rental agreement have been violated by the renter. 

For example in one case the North Carolina Supreme Court held that where automobile liability policy extended coverage to automobile renter and any person legally responsible for use of car, provided actual use was with permission of named insured, and renter rented car under agreement providing that renter would not surrender possession to any person under 21, insurer was not liable for injuries and damage inflicted when vehicle was being operated by 19-year-old to whom renter had surrendered vehicle without knowledge or consent of rental company.

How Auto-Insurance Rates are Determined in NC

Serge Semirog

One of the most common questions we get from our clients after an auto accident: will my auto-insurance rate go up?

Let's look at how the rates are set in North Carolina.   Underwriting is the process by which an insurance company considers your application and evaluates your driving record and other factors to see if you meet its guidelines.  

Insurance companies use a variety of factors to determine each driver's level of risk.  

Each company will use its own underwriting guidelines to decide whether or not to insure a driver voluntarily.  Some of the most common factors that will affect your rate are: your driving record, where you live, type of car you drive, how often you drive and your patterns of driving.

Your Driving Record

Your driving record will have the largest impact on your insurance premium.  North Carolina insurance points are charged for at-fault accidents and convictions for moving violations that occur within the last 3 years (your experience period).

Where You Live

The area you live in will also affect your rate.  Insurers will consider vehicle and population density, road conditions, repair rates, hospital and medical costs, and the number of accidents and other claims in a particular area.  Normally, urban areas have higher rates than rural areas.

Type of Automobile

The likelihood of theft, cost of repair and replacement, and the style of vehicle (sports car, SUV, station wagon, etc.) will influence your premium.  For example, a sports car will normally have a higher premium than a family sedan.

Household Members

When the individuals residing in your house have bad driving records, the insurance company knows it has an increased risk.  The insurance company will consider that risk when underwriting the policy, because generally any family member residing in the same household will be considered an insured under the liability provisions of the insurance policy.  Anyone driving your covered vehicle with permission is also covered by your policy.

For more information you can always contact the NC Department of Insurance.

By Serge SemirogGoogle +