Filing a car accident claim in North Carolina involves a series of structured steps to ensure you receive the compensation you’re entitled to. Understanding the state’s at-fault system and the doctrine of contributory negligence is crucial in navigating this process effectively.
As one of North Carolina’s foremost car accident attorneys, Lakota Denton has helped clients across the state through the filing process to successful settlements and judgments. This comprehensive guide will walk you through the filing process, provide insights into North Carolina’s fault determination to help you secure fair compensation for your damages after an auto accident.
Initiating the Insurance Claim Process
After ensuring those involved in the accident are safe and undergoing initial treatment, the first step is to contact the insurance company to initiate your claim.
Notify your insurance as soon as possible, as you may only have a few days after the crash until your policy is void and you’ll receive no payout. In North Carolina’s at-fault system, the driver responsible for the accident bears financial liability. So you can also file a third-party claim against their insurance policy if you have the requisite information to make a claim.
Provide accurate and factual information without admitting fault or speculating about the incident.
The Insurance Adjuster’s Role in Your Accident Claim
The insurance adjuster may try to prompt you for more details about the accident and your actions. They’re looking for admissions of fault and so simply saying “I didn’t see the other car coming” or “I should have been paying more attention” might be enough of a reason to reduce your compensation significantly or even deny your claim.
The video below from Lakota Denton explains the role of the insurance adjuster
If you feel uncomfortable when reporting the crash to the insurance firm, you can ask that a car accident attorney take over communications to protect your rights.
Maintain Detailed Insurance Records
The insurance companies will be recording the conversations you have with the adjuster and any front-line staff. Ensure you also keep comprehensive records of the conversations. Your records can help counteract any suggestions from the insurance firm or the other driver that your injuries are not as severe as they appear.
In addition to keeping meticulous records of your insurance communications, you should also keep detailed records of medical procedures related to your injuries, as well as any vehicle repair estimates after the accident.
The Insurance Investigation
North Carolina’s Contributory Negligence Law prevents drivers from collecting on a liability claim if they contributed even 1% to the cause of the accident. This means insurance investigation of the accident takes on a greater significance. The process for investigating your claim will involve evaluating evidence such as:
- Photos and videos from the scene
- Eyewitness reports
- Road debris and markings
- Police reports
- Mechanic analysis
Remember that even if the evidence is in your favor and shows you were not responsible for the accident, you may still face pressure to admit fault and bias during the insurance company’s investigation. That’s why it’s crucial you have a car accident lawyer you can call as the investigation continues to conduct their own analysis of the evidence and present their own conclusions.
Settlement Negotiations
After establishing that you were not at-fault for the accident, the insurance adjuster will present you with a settlement offer for their driver’s role in your injuries. Before exploring the settlement’s value, consider the advice in the following video from Lakota Denton explaining how the value of a car accident case is determined.
In most cases, an insurance company’s initial offer is to test the waters and determine your willingness to settle the case. The initial offer is usually a far lower amount than the insurance firm believes the case is worth. However, on some occasions, the first offer represents fair value. That’s why it’s crucial you speak with a car accident attorney about the settlement and they can analyze similar case results and determine whether there’s the potential to increase the settlement amount.
Your attorney will compile your damages, including lost income, medical costs, and pain and suffering, and present the adjuster with a counteroffer.
Another advantage of working with an experienced lawyer during car accident settlement negotiations is that insurance companies keep records of lawyers willing to take cases to trial. For example, Lakota Denton is a noted trial lawyer with proven experience and wide acclaim in the local industry for winning million-dollar car accident cases at trial. The adjuster will take the attorney’s reputation into consideration during settlement negotiations and may even present a higher initial offer to try to avoid a lengthy and expensive trial, knowing you’re represented by one of North Carolina’s leading trial attorneys.
Filing a Lawsuit
The vast majority of North Carolina car accident cases settle well before a potential trial. But being willing to file a lawsuit and take the case to the courts shows the adjuster you intend to use the full extent of your legal options to secure a fair settlement.
The statute of limitations for filing a lawsuit is three years from the date of the accident, and your lawyer will recommend the best time to file a lawsuit if they feel the insurance company is unlikely to pay fair value for the claim, without a judgment.
Start Your Car Accident Claim with a Free Case Review
Explore the value of your car accident claim with one of North Carolina’s leading car accident attorneys. Lakota Denton and his legal team are available on your schedule to answer questions and take on the claims negotiations process. Request your free car accident claim review with Lakota Denton by calling (828) 677-2539.