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.

Auto Insurance Adjusters' Tactics to Avoid

July 24, 2015Serge Semirog

auto insurance claims adjuster charlotte

Following are some issues you will inevitably encounter when you attempt to resolve your personal injury or property damage claim without legal representation.

Be mindful that insurance companies are NOT on your side, contrary to the well-marketed effort to convince you otherwise.

At first, insurance adjuster will be regularly in touch with you, promising all sorts of things. However, after some time your phone calls to him/her will go unanswered and voicemails not returned. You will soon learn that you are not the adjuster's priority anymore as he/she had already moved on to the next case.
When you get into an auto accident, it is rather important to retain an attorney as soon as possible, as with passage of time, your right to recover for certain losses may be jeopardized. Thus, it is a common tactic of insurance adjusters to create an impression that you do not need an attorney and can easily resolve the claim on your own. However, once you realize that the matters are more complicated than you initially thought - it is often too late to retain legal counsel.
Always call an attorney following an accident. Most if not all personal injury attorneys do not charge any fees for the initial consultation.
Most of the time insurance adjusters would not want to put anything in writing. You must insist that the adjuster provide you with a letter identifying himself and his company, and, more importantly, confirming that his company provided coverage for the at-fault driver on the day of the accident. It is also a good idea to get adjuster's email address and try to communicate with him/her via email to preserve all of your exchanges. Those may come in handy later on.
Adjuster wants to "tape record" you or is asking that you provide a "recorded statement." Do not do it. Period. Most often the reason the adjuster wants to record your statement is to "fish" for evidence that could later be used against you. Unfortunately, most people think that they cannot refuse an adjuster's request for a recorded statement. Wrong. You do not have any obligations to provide any statements to the adjusters. It is your legal right not to. Best talk to an attorney first and then follow your attorney's learned advice.

Dealing with Denial

July 22, 2015Serge Semirog

The worst thing to experience after suffering injuries in a motor vehicle accident is to have the at-fault insurance company deny your claim.

In one kindly-worded letter, your hopes to fully recover seem completely and utterly dashed. But all hope is not lost and the road to recovery has a bit longer to go. The most important thing to do is to understand the reason for the denial so that you may react appropriately.

Reasons for Denial

1. No Active Policy/Wrong Insurance Company

While this may seem silly, a lot of denial letters are written because of faulty information drivers initially provide to police officers following an accident. Perhaps the other party gave the wrong information, or the number of policy that has long expired due to non-payment, or the driver wrote down the wrong policy number. Even police reports contain clerical errors which can lead to a headache for a client. When you read a denial letter, the reason can be as simple as: "the driver was not insured by this company at the time of the accident."

In that case, the solution is fairly simple: find the right policy or be prepared for an uninsured motorist claim with your own insurance. See below for more information.

2. Contributory Negligence

In North Carolina an insurance company can deny your claim because they believe you may have contributed to the accident. Your can read more on contributory negligence here.

Whether you were distracted while driving or exceeding the speed limit prior to collision or failed to control your vehicle upon impact, insurance companies often use contributory negligence to get out of paying the claims.

Once your claim is denied based on contributory negligence, the only remedy you have remaining is to file a lawsuit and prove in a court of law that you didn't contribute to the accident and that the at-fault party is wholly responsible.

3. Deny Liability Completely

The insurance company can deny liability if they believe that the insured did not cause the accident. In other words, the company believes you caused the accident instead and therefore they won't pay you a penny.

This is the legal equivalent of running into a brick wall after working so hard to recover. Once again the client is left with one of three options: let the claim go (NEVER!), file a claim with your own insurance, or jump over the wall by falling a lawsuit.

Moving Forward

1. Finding the Right Policy

In a perfect world, you could look up a driver and have his or her insurance information on hand. In reality, you are left two options: ask for the correct information from the policy holder, contact the Department of Motor Vehicles (DMV) or go on a fishing expedition.

Asking the other driver for his or her information can be an awkward but necessary encounter on the road to recovery. One problem you may face is that he or she is unwilling to give you the correct information, leading you around in circles until you just want to give up. Giving false information is a misdemeanor, but that may be less than paying an increase in insurance premiums.

Another option is to contact the Department of Motor Vehicle. If you have the at-fault driver's license plate number and ideally the vehicle's VIN, the DMV may be able to provide you with the details of auto insurance coverage on record.

If all else fails, you may need to go on a fishing expedition: call every insurance company to see if they insure the at-fault driver. Insurance companies cannot tell you the details of the policy, but they do need to disclose whether or not the driver holds an active policy with them. A needle in a haystack, this task is proven difficult and tiresome and oftentimes unrewarding.

2. File a Claim with Your Own Insurance

In the case that you received a denial letter from at-fault insurance carrier following an accident, you do have the option to file a claim with your own auto insurance carrier.

This especially comes in handy when the other party does not have insurance and therefore you can use Uninsured Motorist Coverage (UM Coverage) - a required clause in North Carolina insurance policies. Also, if the other driver's insurance doesn't cover all of your losses, you can use Underinsured Motorist Coverage (UIM Coverage) should you have it. Your Collision Coverage will cover the property damages.

While this does allow you to pursue a full recovery, your insurance premiums will go up if you or the other party files a claim for property damage or bodily injury against your policy. You will also have an accident on your driving record for the next five years which will cause all insurance companies to make you pay higher premiums.

3. Lawsuit

While the United States is often mocked for the amount of frivolous lawsuits filed each year, it remains one of the last resorts for people looking to recover.

If you have not retained an attorney by now, now is the time to do it. A lawsuit requires someone to convince the jury exactly why you are not at fault and no one knows better than an attorney trained in the ways of the courtroom. It is his or her job to look over the facts and present evidence to the jury showing that the client is not at fault and due a full recovery. Attorneys understand the law and can fight any denial letter.

Terrifying Terminology

July 21, 2015Serge Semirog

Merely thinking of any of the words we are about to discuss may cause severe discomfort. No one likes to hear about someone being injured, physically or emotionally. Yet, when it comes to insurance claims, your word choice is very important. Let's take a look at the different types of accidents one may (unfortunately) experience and why using such words may hurt your claim:

Fender-Bender or Rear End

This is without a doubt, the most common type of accident. One vehicle fails to stop and inevitably crashes into the rear of the driver in front of them.

What You Say: "It was just a simple fender-bender."

What the Adjuster Hears: "Oh, not another one. This claim is probably not even worth my time since the only damage is on the bumper and you're probably not injured."

But, anyone who has been in a rear-end collision knows that the repairs to the vehicle and medical services needed as a result can still be quite the costly sum. So that you can recover fully, it is important to avoid belittling terminology such as fender-bender and convey to the insurance company exactly how it felt for you--traumatizing.

Hit and Run

Once again a fairly common occurrence, the defining characteristics of a hit-and-run accident are a collision between two or more vehicles with one of the vehicles (most likely the one at fault) fleeing away immediately afterwards.

See Our Solution to Hit-And-Run Drivers

What You Say: "I've been a victim of a hit and run accident."

What the Adjuster Hears: "You have no proof that another driver caused the damage since we do not have another vehicle to inspect."

A hit and run accident can vary in severity - from a minor scrape caused by an unaware driver to serious property damage and bodily injury that the at-fault driver refuses to accept responsibility. Be sure to go into great detail about all of the damages or else the adjuster will fill in the blanks himself.

Sideswipe

A sideswipe is defined as "to hit one motor vehicle with the side of another motor vehicle." Maybe one driver was trying to change lanes and someone was in his blind spot, or, overreacting to a road hazard, the driver swerves to the next lane right into an adjacent car.

What You Say: "A car just sideswiped me out of nowhere."

What the Adjuster Hears: "You were maybe out of lane when someone else caused limited damage to one side of your car."

Head-On Collision

Just as it sounds, a head-on collision occurs when two vehicles going in opposite directions impact forcefully. Without knowing the details, everyone considers this type of accident as the most serious because of the inherent risk to the drivers.

In 2005, head-on collisions accounted for only 2% of all accidents, but 10% of US fatal crashes. They are just as likely to be total losses (See more information here). These nasty accidents are well defined by the word "head-on collision" and, in our experience, most people flinch upon hearing someone undergo such a terrible tragedy.

What You Say: "It was a head-on collision."

What the Adjuster Hears: "I'm going to be dealing with this case for years to come because of all the property damage and bodily injury. Maybe I can just find a way to blame the other driver and avoid all this trouble. "

Considered a "lane-departure crash," the at-fault driver is the one who drives out of lane. If you claim that neither driver left their lane, then a head-on collision would be impossible. This statement makes you seem guilty and could prevent you from recovering fully.

As it turns out, your vocabulary is very important when it comes to insurance claims. To make sure that you don't misspeak when talking to an adjuster, leave that part to an attorney, a wordsmith whose job is to make adjusters understand the extremity of your situation and increase your compensation.

Taking Care Post-Scare

July 17, 2015Serge Semirog

If you've ever been in a motor vehicle accident, or an accident of any kind, the number one concern is your health and well being. The most important thing to recover is your physical health - money to pay for treatment can come later. Here is a breakdown of the different medical services you can take advantage of:

Hospital

A hospital will always remain the number one medical treatment clients receive immediately after the accident, but you should know the various services that most hospitals offer.

Ambulance

Run by the county, an ambulance serves as an emergency response unit that arrives at the scene of the accident to whisk away injured parties to the main hospital for immediately medical treatment. While it may be true that a trip in an ambulance can be expensive, the precious time saved by these Emergency responders can greatly improve treatment.

Emergency Room

When you arrive at the hospital, you will generally go to an emergency room to receive treatment. These specialized physicians are trained to give immediate medical attention and set the foundation for the recovery process. They work to get patients stable enough to go back to their normal life.

General Physicians

Most people are familiar with general physicians of the hospital. These are the physicians generally staffing the hospital that take care of patients day in and day out. When a patient is not in an immediate medical emergency, he or she will be in the caring hands of general physicians.

Outside of the hospital, clients still have many other treatment options should their injuries require on-going attention.

Primary Care Physician

Perhaps you go to a doctor away from the busy hospital for your general needs. Maybe you catch the flu and need some medicine for the cough. Your primary care physicians is your right-hand man (or woman) in terms of medical treatment. You are probably on a first-name basis with him after seeing the doctor for several years already.

Should you have a general medical question or need basic medical advice, your primary care physician is probably your go-to person when the hospital is too busy or the wait-times too long. He or she knows your medical history and is probably the second most familiar with your body's needs (right behind you!). A primary care physician can specialize in diagnosing the lasting results or the accident and refer you to specialists for proper treatment.

Chiropractor

Chiropractors are generally visited when the client experiences back pain or muscle strain as a result of the accident. They believe that the proper alignment of the spine will allow the body to heal naturally, without surgery or additional medication. The primary concern of chiropractors is the patient's mobility and general pain relief. The treatment is incredibly safe and very effective at treating multiple health problems from acute back and neck pain to muscle strain to even headaches. Chiropractors remove any trace of the accident by treating any lasting pains.

Physical Therapist

Physical therapists act in a very similar manner to chiropractors, but they deal more with the limbs than the spine. Their primary concern is to restore your movement and reduce any residual pain after the accident. Athletes often consult physical therapists after an accident to make sure that their body is ready to train again. Just because you aren't an athlete, doesn't mean that you can't see a physical therapist. These specialists are great for long-term and lasting conditions that a chiropractor isn't handled to deal with. Temporary pains can be treated by a chiropractor, but injuries to legs and arms that just won't go away should be treated by a physical therapist or, should the need arise, a specialist.

If you take advantage of the multiple services, please be sure to inform any all physicians of your treatment. Your recovery depends on the inter-cooperation of everyone involved. Get yourself back in a healthy state while we deal with at-fault insurance companies.

When Cars Chase Back

July 16, 2015Serge Semirog

Every now and then, a squirrel may run in front of a driver and have the unfortunate response of standing deathly afraid in the middle of the road. While most people don't have an attachment to this particular furry creature, what if we replace it with a dog or a cat?

Between 2008 and 2010, more than 1,200 collisions with animals caused nearly $3.5 million in damages just in Mecklenburg County. Some of these unfortunate accidents involved beloved pets.

Lets set the scene and analyze each parties options. John Smith is driving down his neighborhood street at approximately 25 mph when, unbeknownst to him, Little Sally's dog runs out into the street. Unable to stop or swerve safely, he fatally wounds the dog and makes little Sally very sad.

Driver's View

While Mr. Smith may be very apologetic to Little Sally, his brand new car was physically damaged in the collision and repairs will be necessary. Who can he go to for recovery? Let's imagine that he doesn't want to burden little Sally's family any more so he decides to go through his own insurance. He will likely call his insurance company and see if his collision insurance will cover the damages.

Unfortunately for Mr. Smith and for many drivers in North Carolina, collision insurance only covers damages incurred as a result of a collision between two vehicles or a vehicle and a non-living object. Instead, drivers need to have Comprehensive Coverage in order to have the insurance companies pay for the damages.

Learn More On Comprehensive Coverage

Not having the proper coverage, Mr. Smith resigns to the fact that he must go through Sally's insurance company. But which policy covers pets? Quite often, especially in the case for dog-bites, the owner's homeowner's insurance will cover the incident if the owner does not have Pet Insurance specifically. Mr. Smith just needs to call and file a claim in order to be paid for the repairs.

Owner's View

Little Sally and her family are distraught over the loss of Fido, their cherished puppy. What options do they have to recover the loss of a loved one (albeit canine)? If the owner happens to have pet insurance, the company will assuredly help pay the veterinarian's bill or for the loss of a pet. But unfortunately for Sally's family, they do not have pet insurance and thus they must file a claim with Mr. Smith's insurance.

Insurance companies tend to be a little iffy because each situation is unique. It depends on the cost of the pet (especially for pure-bred or show animals) and where the animal was. If the animal is in the middle of the road, the owner was in violation of NC Leash Laws and thus the driver cannot be held liable. If the animal was on the sidewalk and on a leash, then the owner can file a claim against the driver's insurance. Unfortunately for Little Sally, her puppy wasn't trained and it ran into the road by itself so there isn't much the family can do.

Hopefully both parties act in a respectful manner and they are both able to fully recover physically and emotionally. Be safe on the roads and watch out for all animals.

Insurance Fraud, Drivers Fraught!

July 15, 2015Serge Semirog

The National Insurance Crime Bureau states that nearly 1 in 3 auto insurance claims in New York City may be fraudulent and that rate is even higher in Los Angeles, CA the city with the most questionable claims.

As Charlotte continues to grow as a city, you should be aware of potential insurance fraud scams or else you may fall prey and pay the consequences.

Types of Scams

Video from the NCDOI giving an example of "Aggravating Damages"

Not-so-accidental accidents: The driver taking advantage of insurance claims will lure the victim to do a certain action and then cause an accident. For example, a driver slows down to let someone make a left turn only to speed up causing the second driver to collide.

Or, at a stoplight, the victim pulls behind another car stopped at a traffic signal; the car then backs into the victim's vehicle claiming that he or she was rear-ended.

Maybe a driver waves you on to merge only to accelerate and side-swipe your vehicle denying having ever given you express consent. A common enough occurrence, the claim becomes a battle of who says what.

False Witness Reports: One important factor of many motor vehicle accidents is the presence of a witness. The testimony of a third-party is often valued as neutral and objective. Unfortunately, insurance scammers often call on friends or co-conspirators to claim to be a witness who corroborates his or her story thus causing the victim to be at-fault.

Example of an "Unaware" Pedestrian

Aggravating Damages: In a perfectly legitimate accident, two vehicles are damaged. The not-at-fault driver will then do additional damage to his or her vehicle claiming that it was a result of the accident.

Unaware Pedestrians: The fraudulent party will be walking in the road or on the sidewalk. Often enough, he or she will simply run into the moving or even stationary vehicle and fall down claiming that the driver failed to stop.

Avoiding Insurance Fraud

The best way to avoid any type of fraud is to gather as much information about the accident immediately after it occurred. Court dates and settlement claims happen months if not years later, when crucial details can be lost. Taking a detailed account of the accident including the number of passengers, the immediate injuries of both parties, any witness information and damage to the vehicles can help fight fraudulent claims.

Because of people who commit insurance fraud, premiums go up and people's lives are at risk. Reporting fraud is a serious matter and all people should be aware of someone willing to take advantage of a system meant for recovery rather than personal gain. If you believe someone is committing fraud, you can report him or her to the NC Department of Insurance.

New NC Legislation Regarding Mopeds

July 13, 2015Serge Semirog

Running rampant around Europe and gaining traction in the United States, mopeds are quick and easy transportation accessible to people who don't even have a license. At the beginning of July, NC House Bill 1145 came into affect and changed the regulation governing the beloved vehicles.

As of July 1st, 2015, mopeds are required to be registered with the NC Department of Motor Vehicles. The NCDMV defines a moped as:

"Two or three wheels, no external shifter, with a motor not to exceed 50 cubic centimeters of piston displacement and up to 30 mph propulsion on a level surface."

If you are the owner of a moped in North Carolina, be sure to supply your Manufacture's Certificate of Origin (MCO) and a certification of plate and/or address. Should you not have your MCO, please fill out an Affidavit of Facts for the Registration of a Moped (MVR-58). In addition, you will need to show your NC Driver License or a valid identification card.

The only change for mopeds is the registration. Previous requirements for using a moped in NC remain unchanged. The driver must still be 16 years of age or older and wear a proper motorcycle safety helmet.

On the plus side, you do not need a Driver License nor do you need liability insurance for the moped.

Find more information about mopeds here and drive safe!

cONTACT US

Use this form to contact us.

We will respond asap.

call US at (704) 759-6110

Newsletter