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medical bills in personal injury settlement

Medical Bills In Personal Injury Settlements

If there are medical bills in your personal injury settlement, they will need to be addressed as part of the settlement. Your personal injury lawyer will assist with this. Generally, there are two types of medical bills in personal injury settlements. First, there are those bills which are liens. Second, there are those bills which are not liens. The two are treated differently for purposes of whether they must be paid out of your personal injury settlement.

Liens In Personal Injury Settlements

Certain medical providers will claim a lien against your personal injury settlement. The claimant does so by citing the language in NCGS 44-49 and NCGS 44-50. This statute allows the medical provider to claim a lien against your settlement or jury verdict. However, there are limits—the statute limits all lien holders to one half of the settlement after attorney fees and expenses have been deducted.

Your personal injury lawyer should discover the liens against your personal injury settlement when requesting medical records and medical bills related to your claim. Keep in mind, if you were treated at a facility and did not tell your personal injury lawyer about it, it would be difficult for them to discover the lien.

The personal injury attorney will keep track of all liens claimed against settlement. Upon disbursing the settlement proceeds, the liens will be paid. Remember, the lien holders are limited to roughly one third of your settlement. The amount they receive will differ depending upon how much your personal injury settlement is worth. Your attorney will calculate the appropriate payments for each lien holder. While the lien holders may still pursue you for the balance of the lien, our firm typically requests the lien holder accept the pro rata share as full and final payment of the lien.

Bills Which Are Not Liens

There will be other medical providers who will have an outstanding bill related to the injury. However, they may choose not to claim a lien. Or, they may simply fail to claim a lien against your settlement. This gives you the option of having your attorney pay them from settlement, or paying them yourself, outside of settlement.

Medicare, Medicaid, ERISA Liens

Healthcare providers like Medicare, Medicaid and ERISA health plans, are entitled to be reimbursed if they pay for treatment related to your personal injury claim. Medicare applies what they call a “Procurement Formula” to the settlement amount. Your attorney can estimate what this amount will be prior to reaching settlement. Medicaid is generally limited to roughly one third of the settlement. ERISA health plans, unfortunately, are entitled to be reimbursed for their entire lien out of your settlement proceeds. Your personal injury lawyer can usually successfully negotiate the lien prior to reaching a settlement.

Personal Injury Lawyers And Medical Liens

Your personal injury lawyer will make a dramatic difference for you as it relates to any liens against your settlement proceeds. The law firm will negotiate the liens, and present your case to the medical providers in such a way that entices them to take a reduced rate. Most of this negotiating is done before you reach an actual settlement. That is when your leverage is highest against medical providers and lien holders.

Speak With A Charlotte Personal Injury Attorney Today

If you have a personal injury claim and you would like to speak with a lawyer, call us. You can reach us at 704.749.7747 or request a FREE CASE EVALUATION and we will call you today to discuss your case.

 

When someone is involved in a pedestrian personal injury involving an automobile, the results are often heartbreaking. The Layton Law Firm began its reputation for representing pedestrians by successfully represented a 17-year-old boy who was seriously injured by a driver, while crossing a busy Charlotte street at night. After fighting a denied claim and ultimately prevailing against the insurance company for the child and his family, we made it a priority to fight hard for injured pedestrians.

We currently represent numerous pedestrians in personal injury and wrongful death actions. We take each law firm client’s injuries seriously, but injuries to children and pedestrians are specifically important to us because of the extreme nature of the injuries and the age of the individuals involved. As a result, children and pedestrian injuries have become a passion of ours. Unfortunately, winning a pedestrian claim can be an uphill battle requiring persistence, creativity, and diligent pursuit of recovery.

Don’t Pedestrians Always Have The Right Of Way?

This is the question always asked when there is a pedestrian injury. As a Charlotte pedestrian personal injury lawyer, unfortunately I find myself quite often answering “Not always”. While pedestrians often start with a presumption of right of way, they can easily forfeit it by being too far outside a crosswalk, crossing the road at a non-designated spot, or being inebriated. In fact, there are some instances where a pedestrian actually must yield to the motorist.

How Do I Preserve The Pedestrian Right Of Way?

There are a few guidelines which will help preserve your right of way as a pedestrian. Always strive to:

  • Walk with the cross-walk signals
  • Stay inside specifically marked cross-walk pathways
  • If a sidewalk exists, use the sidewalk (and not the roadway)
  • Electric wheelchair users: follow the rules for pedestrians, NOT for vehicles

Do Drivers Have Responsibilities To Pedestrians In NC?

Yes, there are. Even in a situation where a pedestrian may have yielded the right of way, the operator of a motor vehicle must still exercise reasonable care to avoid colliding with a pedestrian in the roadway. The doctrine of Last Clear Chance can also be applied, and your Charlotte Pedestrian Personal Injury Lawyer will discuss it with you. Essentially, it says that even if a pedestrian has forfeited the right of way, if the operator of the vehicle has the last clear chance to avoid an accident, he or she must avoid the accident. This doctrine applies in other personal injury situation as well, such as automobile accidents between the operators of two vehicles.

How Can A Personal Injury Lawyer Help?

A Charlotte personal injury lawyer will help to make sure you are treated fairly. Insurance companies often deny pedestrian claims based on contributory negligence, or some other factor. An aggressive legal strategy can often overcome this denial and help achieve a fair result. It is our opinion that pedestrians make good plaintiffs.

When an insurance denial is met with a threat of a lawsuit, quite often we are able to reach settlement before entering the courtroom. In most cases, an insurance company does not want to appear in court against a pedestrian, because it shows an unwillingness to settle the case or to be reasonable in accepting liability for the plaintiff’s injuries.

Pedestrian injuries also often lead to large medical bills. Your personal injury lawyer will not only work to secure a fair offer for you, but can also negotiate some of your medical billing. The end result is you end up with more money in your pocket. The ability to negotiate these bills stems from the attorney’s understanding of N.C.G.S. 44-49 and 44-50, which is a limiting factor when it comes to liens resulting from medical treatment related to the injury.

You deserve to have someone fight for your rights. Insurance companies are focused on the bottom line. We focus on the client.

Speak With A Charlotte Pedestrian Lawyer Today

If you were a pedestrian, and you were hit by the driver of an automobile or motorcycle, please call us at 704.749.7747. Or, if you’d like us to call you, just click HERE to request a call online. An attorney will be happy to discuss your rights and provide you guidance, at no charge. There’s no obligation to hire us but we hope you’ll choose to Recover With Us.

If you need a free copy of your accident report, we’re happy to obtain that for you as well– just click HERE to request one and simply let us know the date of your accident, the location, and your full name.

tow truck near me now

Tow Truck Near Me Now

If you’re looking for a “Tow truck near me now,” we have a few links to reputable tow truck companies in the Charlotte, NC area in this article. Chances are, you may also need a personal injury lawyer. If you’ve been in a car accident and you’re still on the scene, here are a few tips:

  • Take Photographs – First, take photographs of the damage to the vehicle that hit you. Once they are gone, so is your chance to capture their damage. Second, take photographs of the damage to your vehicle. The photos of both vehicles will help to prove that the other party was at fault. Lastly, take photos of the area. If possible, walk about 50 feet away from the accident (in a safe area) and photograph the area where the accident happened. This helps provide perspective for your personal injury lawyer or insurance adjuster.
  • Request A Police Report—You should call the police, and when they arrive on the scene, make sure to tell them you would like a police report created. You won’t be given a police report on the spot, but you should be provided with a driver exchange form. Your police report will arrive about 5 days later in the mail. Once a police report is generated, we will be happy to provide it to you free of charge– just call us. Or, you can get one HERE.
  • Double-Check The Facts With The Officer—Officers are human beings. They get things wrong. Make sure you clearly tell the officer what happened . Then, have the officer repeat it back to you. Listen for any facts which might invite someone to decide the accident was your fault or both drivers’ fault. Correct the officer if they get the story wrong.
  • Seek Medical Attention Quickly—First, it’s important for you to make sure you’re OK. Adrenaline from the accident may convince you you’re not injured. Or, perhaps you’re trying to ‘tough it out.’ This is no time for that. Second, make sure to tell the ambulance driver and/or ER doctor that you were in a vehicle accident. This will be entered into the medical record and establish the purpose of your visit.
  • Continue Your Medical Treatment—You should continue your medical treatment for several reasons. First, you’re following a doctor’s orders, in an attempt to get healthy again. Second, any interruption in your medical treatment will be used against you if you file a personal injury claim later. Lastly, any gaps in medical treatment may be used to demonstrate that you were not injured, or did not need the treatment you received after the gap.
  • Speak With A Personal Injury Lawyer—Whether you hire a lawyer on the spot or not, it’s a great idea to call a personal injury lawyer to get advice. You can reach us at 704.749.7747 and select the option for new client—your call will be received by a lawyer and you’ll get help right away.

Tow Truck Companies In Charlotte

Rather than google “Tow truck near me now” and end up with a random company, here are a few we recommend. If you need a tow truck company in Charlotte, these may be helpful. We see their names on police reports every day in our office, and we know they are reliable:

Hunter Wrecker 704.375.9357 (http://hunterwrecker.com/contact/)

Dellinger Auto and Wrecker 704.588.3875 (http://dellingerwrecker.com/contact/)

Independence Towing  980.277.3070 (https://www.charlotteautotowingnow.com/?gclid=EAIaIQobChMInJ7I2c-Y4AIVC9bACh1INwEBEAAYASAAEgKPhPD_BwE)

Speak With An Attorney Today

If you’ve been in a car accident, you deserve to know your rights. Call us at 704.749.7747 or click for a free case evaluation and we will reach out today. We know you have choices. We hope you choose to Recover With Us.

Bicycle Accidents

In North Carolina, bicycle accidents are treated much like vehicle accidents. In fact, bicycles are treated as vehicles for the purpose of interpreting the state law. See N.C.G.S. Ch. 20-4.01. Some special rules apply to bicyclists regarding equipment, of course. These include the requirement to wear a helmet and to affix a light to the bicycle if you’re cycling after dark. See N.C.G.S. Ch. 20-129e.

Generally speaking, bicyclists should ride in the right-hand lane and travel in the same direction as traffic. A few exceptions to this rule exist, including: preparing to make a left-hand turn, avoiding a dangerous obstacle, or passing another vehicle.

Bicycling Under The Influence

In North Carolina, for the purpose of impaired driving, a bicycle is not considered a vehicle. However, impaired operation of a bicycle can lead to a reckless driving fine if the cyclist operates the bicycle without regard for the safety and rights of others. See N.C.G.S. Ch. 20-4.01.

Bicycle Accidents And Injuries

The accidents sustained by those injured while riding a bicycle can be traumatic. Additionally, in Charlotte, North Carolina, the combination of congested streets and high speeds endanger bicyclists every day. Lastly, the most common types of bicycle accidents reported to our office are:

  • Motor vehicle operator takes a right turn into an adjacent bicyclist on the right-hand side
  • Motor vehicle operator rear-ends a bicyclist preparing to make a left-hand turn
  • Motor vehicle operator fails to yield enough space to an adjacent bicyclist and causes injury

Bicyclist Rights

Bicyclists have the same rights as other motorists. This also means that bicyclists can compromise their rights by failing to abide by the law. For instance, a bicyclist must signal that they are taking a turn. Second, they must stop at stop signs and red lights. Third, they must yield to traffic in the same manner as required by the operator of a motor vehicle. Finally, if a failure to do any of those things leads to an accident, the theory of Contributory Negligence may preclude a bicyclist from recovery in a personal injury lawsuit.

Hit And Run Accidents With Bicyclists

Unfortunately, accidents involving a bicyclist and a motor vehicle are sometimes hit and run accidents. This may be due to the driver’s knowledge that the cyclist has little or no chance to catch them. Additionally, there are times when a motor vehicle has run a cyclist off the road and caused an injury, but is unaware of having done so. Regardless, any motor vehicle operator who is aware of a crash related to a bicycle or bicyclist must stop at the crash scene until law enforcement arrives.

Hire A Personal Injury Lawyer

If you’ve been injured while operating a bicycle, you should speak with a personal injury lawyer. Insurance companies often deny pedestrian and cyclist claims on the basis of Contributory Negligence. There are affirmative defenses to such denials and your personal injury lawyer can help you recover in these situations. You deserve to understand your rights. Call us today at 704.749.7747 or request a FREE CONSULTATION online today.

Hit by a car while running

Hit By A Car While Running – What To Do Next

If you are hit by a car while running, the injuries can be tragic. There is no more vulnerable individual on the road than the pedestrian. Often, runners are moving fast enough that turning cars don’t see them coming. This makes getting hit by a car while running a very real danger.

Take These Steps After Being Hit

  1. If you’ve been hit by a car while running, certainly your health is most important. Calling for medical attention should be your first step.
  2. Second, document the accident. This means taking pictures of the area where you were hit, and the vehicle that hit you. Additionally, take photos of the license plate of the car that hit you.
  3. Third, if you are not being rushed to the hospital by ambulance, be sure to call the police. This will generate a police report which is an official record of the accident.
  4. Lastly, take down the names and phone numbers of any witnesses who saw the accident and were kind enough to stop. They may be the key to your personal injury case down the road.

Statistically Speaking

Each year, the numbers keep getting worse for pedestrians. According to the most recent statistics from the National Highway Traffic Administration:

                “Unfortunately, pedestrians were one of the few groups of road users to experience an increase in fatalities in the United States in 2016, totaling 5,987 deaths.”

https://www.nhtsa.gov/road-safety/pedestrian-safety

That is a fatality every two hours, which is terribly frightening. Comparatively, 840 bicyclists were killed in the same year. A previous blog article on this site has advice regarding bicycling in Charlotte, North Carolina.

Preventing Pedestrian Accidents

In order to prevent being hit by a car while running or walking, you have to become a defensive pedestrian. This means taking pro-active steps to insure your own safety. Consequently, you need to always be on the lookout for the actions of drivers, and make yourself easily detectable as a pedestrian. Here are a few ways to accomplish that:

  1. Wear brightly colored clothing or a safety vest.
  2. Follow the rules of the road so that motorists are more likely to spot you.
  3. Run during daylight hours.
  4. Pick routes that include greenways and neighborhood streets whenever possible.

Speak With An Attorney Today

If you were hit by a car while running, we’re here to help. Our firm aggressively defends the rights of pedestrians including runners, bicyclists and others sharing the road with motorists. Attorney Chris Layton spent years commuting to work by bicycle in Charlotte, and runs almost every day—as a result, he’s passionate about helping individuals who have been injured on the road. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to you the same day. We know you have choices. We hope you choose to Recover With Us.

Do I Pay A Deductible If I'm Not At Fault

Do I Pay A Deductible If I’m Not At Fault?

If you’re in a car accident in North Carolina, you may have to pay a deductible, even if the accident is not your fault. The primary reason for this is that the other driver’s insurance company will want time to investigate the claim, and you simply want to get your car fixed. Therefore, the quickest option for you is to put in a claim through your insurance company to have the car repaired without waiting. As a result, you pay the deductible associated with your policy.

Getting Reimbursed For Your Deductible

While you may pay a deductible if you’re not at fault, there’s a chance you will be reimbursed. After your insurance company repairs your vehicle and you pay your deductible, you can expect your insurance company to pursue reimbursement. Your insurance company will be reimbursed by the at fault driver’s insurance. Lastly, your insurance company should reimburse your deductible to you when they get paid. It is noteworthy that if you wait until the at fault driver’s insurance completes their investigation, you could be without a vehicle for several weeks. As a result, most drivers choose to move forward with a claim against their own insurance.

Why Does The Claim Need To Be Investigated?

We recently wrote an article about why an insurance company is investigating your claim. First, the insurance company has  duty to their driver to make sure you were not at fault. Second, in North Carolina, Contributory Negligence can prevent recovery.  This means, the insurance company is investigating whether you contributed to the accident. Lastly, the insurance company takes a statement from their driver regarding what happened. If the police report is inconclusive, and if each driver tells a different story, you may be in for a fight. It’s a good time to consider hiring a North Carolina personal injury lawyer.

Is My Personal Injury Claim Handled By My Car Insurance Company?

No. Your personal injury claim is a claim against the other driver. Therefore, their insurance company will be pursued by your injury attorney, if you choose to hire one. Consequently, you can expect an investigation much like the one mentioned above. As a result, you the other driver’s insurance company may want to take your statement. We highly recommend against giving a statement to the insurance company. First, everything you say will be recorded (and used against you). Second, the insurance company will not share their driver’s statement regarding the accident, so why should you give a statement? Lastly, if a lawsuit is filed, both drivers will give testimony by way of a deposition. Until then, negotiations can move forward without statements being given. Additionally, if you’ve been in a slip and fall or a grocery store slip and fall, it’s even more important not to give a statement.

Do I Have To Pay My Personal Injury Lawyer?

Our firm is like most personal injury law firms. We work on your case for free. If we are unable to get a settlement for you, you owe us nothing. Likewise, if we do reach a settlement, you owe us a fee. Our standard fee is one third (33%) of your settlement or jury verdict. If you’d like to discuss working with a personal injury lawyer, please call us at 704.749.7747. You can also simply click for a FREE CASE EVALUATION and you will speak with a lawyer today. You can also read more at the car insurance claims FAQ by dmv.org.

Charlotte Accident Attorney

Talk To An Accident Attorney In Charlotte

If you’ve been in a car accident, you should speak with an accident attorney in Charlotte. While getting medical attention is the most important step to take after an accident, protecting your rights is a close second. Consultations with an accident attorney are free, and you deserve to understand how to protect yourself if the car accident was not your fault.

Consultations Are Free

Consultations can be done on the phone or in person, and they are free. When you speak with an accident attorney in Charlotte, you’ll be asked about the facts leading up to the accident, your injuries, and what evidence you have regarding the car accident. Typically, your police report or driver exchange form is enough for your Charlotte accident attorney to get started working on your case.

You Deserve A Responsive Law Firm

Your car accident claim will require several steps to be taken by you and your lawyer. This means you’ll work closely with your accident attorney to establish a claim, gather medical bills and liens, and medical records, and negotiate your personal injuryhttps://thelaytonlawfirm.com/negotiate-insurance-company/ claim. While some claims settle, others require the filing of a lawsuit. All of this means that you’ll need a lawyer and a law firm that responds to email and phone calls in a timely manner. The only thing more frustrating than being in a car accident, is not being able to get in touch with your car accident attorney.

Your Accident Attorney Provides Guidance

Not only does your accident attorney work on your claim, but your attorney is also there to answer questions and help you understand the process (How long will my personal injury settlement take?) For instance, establishing and understanding the value of your claim is a combination of many factors (What is my personal injury claim worth?). Your accident attorney will help you to sort through the elements of the claim. Together, you will decide how to value the claim. This means you will be given a voice in the process.

Speak With A Charlotte Accident Attorney Today

In a car accident? Call Layton Law today. You deserve to speak with a lawyer about your case. You can reach us at 704.749.7747. Or, you can click for a FREE CASE EVALUATION and we will give you a call today. We know you have choices. We hope you choose to Recover With Us.

Car Accident While Pregnant

In A Car Accident While Pregnant

We have represented numerous clients who have been in a car accident while pregnant. Fortunately, in each case we have worked on, the child has been born healthy. If you would like to speak with us about how your claim is different when you’re in a car accident while pregnant, please call 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out shortly.

Is My Accident Worth More Because I’m Pregnant?

Generally, your accident isn’t worth more simply because you’re pregnant. However, there are a few factors which may contribute to your case being worth more. These factors tend to exist due to the pregnancy.

  • Inability to take pain medication—If you’re in a car accident while pregnant, generally you can’t take pain medication due to the pregnancy. This means that your pain and suffering isn’t reduced by the medicine you would otherwise be able to take. As a result, we always calculate additional pain and suffering in car accident claims where our client is pregnant.
  • Stress and anxiety—In addition to the reasonable amount of stress and anxiety individuals experience as a result of a car accident, an expecting mother is concerned for her unborn child. While stress and anxiety are hard to calculate or ‘monetize’ in a personal injury claim, if you seek treatment to help you cope with stress and anxiety after the accident, this will establish proof of your experience.
  • Treatment Options Limited– Your treatment options are limited when you’re pregnant. Not only are you limited in Pain Medicine During Pregnancy, but there are also procedures physicians can’t perform if you’re pregnant, and those could increase your healing time or pain and suffering.

Does My Unborn Child Have A Personal Injury Claim?

Generally, no. Your unborn child does not have a personal injury claim. However, if they are born with a defect as a result of the car accident, that could change and they would need legal representation. A guardian ad litem would be appointed for the child (typically a parent) and a claim could be brought before the court on behalf of the minor child, if a Minor Child Settlement is reached or if the case needs to go before a jury.

While your unborn child doesn’t have a claim, your claim value should be adjusted to reflect the fact you were in a car accident when you were pregnant. Your personal injury lawyer will be sure to include a section in your demand package devoted to acknowledging the unique nature of your claim due to the pregnancy.

Is There Any Special Medical Treatment I Need?

If you were in a car accident while pregnant, you should not only consult with your primary care physician and emergency physicians, but you should also see your obstetrician-gynecologist and of course they will be attentive to the fact you were in a car accident.

Speak With A Lawyer Today

You deserve to know your rights. Call us at 704.749.7747 today to discuss your car accident. Or, click for a FREE CASE EVALUATION and we’ll call you shortly. We know you have options. We hope you choose to Recover With Us.

Why Is The Insurance Company Investigating My Claim?

If you’ve had a recent car accident and are trying to get your property damage addressed, you may be feeling some frustration. We talk to clients every day who tell us that while the car accident was not their fault—and the police report clearly shows that—the insurance company is delaying repairing their car. The reason given is that “the insurance company is investigating my claim.” If the insurance company is investigating your claim and it’s interrupting your life, we’re here to help.

Are They Allowed To Investigate My Claim?

If the police report clearly shows the accident is not your fault, and if the other driver does not dispute fault, it would seem that the insurance company has no need to be investigating your claim. That being said, they are entitled to a reasonable amount of time to investigate the claim. We will always argue over what is a reasonable amount of time. In instances where the other driver is lying about the accident, you may face a tougher battle. Usually, from your perspective, it feels like the insurance company is simply delaying doing a necessary repair.

What Can I Do While The Insurance Company Is Investigating My Claim?

Your main concern is getting your vehicle in operating mode again, or getting a repair done. While the insurance company investigates your claim, you have no way to get to work, or pick up kids from school activities. Typically, the answer to this is to start a property damage claim with your insurance company. This might feel counter-intuitive, because the accident wasn’t your fault. First, you’re correct in feeling this way. Second, you’re right to be skeptical of an insurance company that claims to need more time to investigate an obvious claim. Lastly, your insurance company has seen this countless times and they will step in to help.

Usually, your insurance company will provide you with a rental vehicle, repair your vehicle, or both. You may even have to pay your deductible. In the end, however, your insurance company will seek reimbursement from the at-fault driver’s insurance company. This means that in the end, the other driver’s insurance company pays for the property damage. You should fight hard to not have to pay a deductible, though, this varies from one insurance company to the next.

Should I Get A Personal Injury Lawyer?

Typically, a personal injury lawyer or personal injury law firm will be more interested in your personal injury claim. Each accident claim contains both a property damage claim and a personal injury claim. We always tell clients that we don’t want to charge them for the property damage claim, so we don’t. Instead, when a client hires us to handle their personal injury claim, we offer guidance on how to proceed with getting blue book value for your car, or getting the repair properly done. We are happy to make a phone call or write a letter to the insurance company if they are not performing on the property damage end for the client.

Further Reading

If you’d like to read more articles like this one, please visit the rest of our Personal Injury Blog on this site.

Help! The Insurance Company Is Investigating My Claim!

If an insurance company is investigating your claim and you’d like to speak with a lawyer, we’re here to help. You can call us at 704.749.7747, or click for a FREE CASE EVALUATION and we’ll reach out to you. You’ll speak with a lawyer today, and you’ll understand your rights by the end of the phone call or meeting. We know you have choices, and we hope you choose to Recover With Us.

the other driver is lying about the accident

The Other Driver Is Lying About The Accident

One of the most disheartening things to deal with is when the other driver is lying about the accident. If you’ve been in a car accident, unless you have witnesses, it will be your word against the other driver’s word. In some cases, the damage to the vehicles will help establish what happened. Additionally, this is why many drivers choose to leave the vehicles in their original position until the police offer arrives on the scene.

The Police Officer’s Narrative

The police officer is not there to assign fault. Generally, the officer will make a determination as to whether each driver is sober, or made a dangerous maneuver which caused the accident. However, the officer will usually speak with each driver alone. This means, you may not know the other driver’s version of the story until you see your Police Report.

The Police Report

The police report is where you’ll be able to see if the other driver is lying about the accident. Typically, the report will say “The driver of Unit 1 states…” and it will then lay out your version of the facts. In a separate paragraph, it will say “The driver of Unit 2 states…” and it will then lay out driver two’s version of the facts. If these versions are different from one another, you may have trouble recovering from the other driver’s insurance company even if you were not at fault.

But The Other Driver Is Lying About The Accident

Unfortunately, if the stories of each driver conflict with one another, the insurance companies will each take their driver’s side of the story to be true. This means even if the accident was not your fault, you will not be able to recover from the other driver’s insurance company. In the personal injury world, this type of dispute is commonly called a “He Said, She Said” accident. It results in a stalemate between insurance companies and each driver is encouraged to repair their own vehicle and put a claim in with their own insurance company. This is generally the result when you choose to proceed to settle without a personal injury lawyer.

What Are My Options?

If the other driver is lying about the accident, your only option is to threaten a lawsuit or file a lawsuit. The hope is that at some point during the process, the other driver will tell the truth. If a lawsuit is filed, the other driver will have to take a deposition under oath. If they lie during that deposition, they would be subject to a perjury charge. Your personal injury lawyer can often put enough pressure on the other side’s insurance company that they will choose to settle the claim even if their driver won’t change their story.

If there is video of the accident, or if there are any witnesses to the accident, the video or the witness testimony might make all the difference. Keep in mind, the testimony of your friends and family members will not be persuasive in this situation.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident, call us at 704.749.7747 or click for a FREE CASE EVALUATION. If the other driver is lying about the accident, we can help. We know you have choices. We hope you choose to Recover With Us.