Loans Against Personal Injury Claims

We talk with injured individuals every day who ask about Uninsured Motorist Coverage. If you’re injured in an automobile accident and the other driver does not have insurance, you may think you can’t be compensated for your injuries. Generally, this is not true. This holds true for as well for individuals insured as pedestrians, cyclists, and motorcycle accident victims.

In North Carolina, motorists are required to carry minimum insurance coverage. That coverage requires $30,000 for bodily injury, $60,000 for total bodily injury for all persons in an accident, and $25,000 for property damage. Lastly, they are also required to carry Uninsured Motorist Coverage and underinsured motorist coverage of $25,000.

Uninsured Motorist Coverage

Uninsured Motorist Coverage is exactly what it sounds like. If someone without insurance injures you in an auto accident, your Uninsured Motorist Coverage will pay for your property damage and bodily injury. Placing a claim with your insurance company in this manner will not affect your insurance rates. If you’re hit by a hit and run driver, you should also be able to access your Uninsured Motorist Coverage—be ready though, your insurance company will want to know plenty of details about the accident and the hit and run driver, before they will provide coverage. The reason is that insurance companies are fearful that drivers make up hit and run stories as a way to create fraudulent claims.

Underinsured Motorist Coverage

Underinsured Motorist Coverage plays a different role than Uninsured Motorist Coverage. If your injuries cost more than the coverage the other driver has, you can access your Underinsured Motorist Coverage. However, there’s a catch—your Underinsured Motorist Coverage must be more than the coverage the driver who hit you. Essentially, your policy will get a ‘credit’ for whatever has been paid. Take for example, a situation where the at-fault driver has a policy of $30,000 and you have a policy of $50,000. If you reach a settlement for $30,000 with the at-fault driver’s insurance company, you potentially have access to an additional $20,000 from your carrier ($50,000-$30,000).

Stacking Your Coverage

North Carolina has an anti-stacking statute. In states that allow stacking, the purchased coverage can be multiplied by the number of vehicles in the insurance plan. In an insurance plan that has $30,000 in Underinsured Motorist Coverage, if there are 3 vehicles in the plan, you would have access to $90,000 in Underinsured Motorist Coverage. North Carolina does not allow this mechanism for determining the amount of Underinsured Motorist Coverage available to you.

Separate Insurance Policies

If you have two separate insurance policies in your household, you may have the ability to ‘stack’ your Underinsured Motorist Coverage and your Uninsured Motorist Coverage. Where your damages exceed the coverage of the at-fault party, you can access one or both of your auto insurance plans in order to be fairly compensated for your injuries and lost wages.

Call A Personal Injury Lawyer Today

As you can see, insurance issues are complex. Having a law firm with the experience to understand the coverage available to you and your family is critical. If you would like to speak with a personal injury lawyer about a car accident, call us today at 704.749.7747. Or, click here for a FREE PERSONAL INJURY CONSULTATION and we’ll reach out to you quickly. We know you have options. We hope you choose to Recover With Us.

Drunk Driving Accidents

Drunk driving accidents are the cause of completely unnecessary injuries in North Carolina every year. Our firm takes a strong stance when it comes to drunk driving and the injuries caused by it. We’re eager to hear about your case and help you decide whether to pursue legal action against any drunk driver who hit you. Trying to decide? Read our reviews.

Punitive Damages In Drunk Driving Accidents

If you were injured by a drunk driver in North Carolina, your case may be one which entitles you to punitive damages. Punitive damages are distinguishable from compensatory damages in that their intent is to deter the driver and other drivers from the same behavior in the future. Put simply, this means your case or claim will be worth more than a claim based solely on compensatory damages. Compensatory damages will assist with medical bills, lost wages and pain and suffering.

Repeat Drunk Drivers

Many people injured in drunk driving accidents find the person who hit them either carries the NC minimum state limits for insurance coverage, or has no insurance at all. In that case, obtaining any compensation for your injuries will be made more difficult. Your case may become an Under insured or Uninsured motorist claim. If so, you will certainly need the assistance of a Charlotte personal injury lawyer to make sure you’re accessing every insurance policy available. Often, insurance coverage for family members living in the same household comes into play, and your lawyer will uncover and pursue those policies.

Under insured Motorist Claims

North Carolina state law requires drivers have $30,000 for bodily injury coverage ($60,000 for total bodily injury to cover all individuals in an accident). Additionally, there is a requirement for $25,000 for property damage liability as well as uninsured motorist coverage. A driver is defined as under insured if the driver’s liability limits are less than YOUR under insured motorist limits, and also less than the amount required to cover the losses of the people to whom the under insured driver caused injury. In other words, once you exhaust the at-fault driver’s insurance cap, you can then proceed with an under insured motorist claim against your own policy. You do so by accessing the under insured motorist coverage you held at the time of the accident.

Punitive Damages And Uninsured Motorist Coverage

In drunk driving accidents, punitive damages are generally not allowed to be pursued against uninsured motorist coverage. The theory is that there is no deterrent if the insurance company paying the punitive damages was not associated with the at-fault driver. Your personal injury attorney can explain this more clearly in a full discussion about insurance coverage.

Speak With A Personal Injury Lawyer Today

If you’ve been in a drunk driving accident, you should speak with a personal injury lawyer today. The call is free and you deserve to know your rights. Phone consultations and in-person consultations are free. You can reach us at 704.749.7747 or click HERE to request a call. You’ll receive a call from a knowledgeable attorney who can help you sort through your options. We know you have choices. We hope you choose to Recover With Us.

If you are a passenger in a car accident, there’s a helpless feeling that comes along with it—you had nothing to do with whether there was an accident or not. You weren’t driving the vehicle you were in, and certainly you weren’t driving the other vehicle. Truthfully though, passengers in a car accident often experience the worst injuries. Here are some tips for moving forward if you’ve been injured.

Insist On A Police Report

Even if both drivers are interested in moving on, for one reason or another, you should strongly encourage calling a police officer to the scene. The officer will establish a record of the accident including the date and time, all individuals present, and quite often leave notes in the report as to who the officer believes was at fault. Additionally, having an officer on hand helps to insure that the parties provide accurate information as to how to contact each individual and what motor vehicle insurance they may have.

Seek Medical Treatment

The biggest mistake injured passengers make is not seeking medical treatment. Sometimes it’s because the passenger doesn’t think they are hurt, as is the case with a minor accident or “fender bender”. Other times, it’s because the passenger doesn’t have health insurance or money to pay the out-of-pocket or deductible that comes with health insurance. In the personal injury legal world, however, seeking health treatment very quickly is key to preserving your ability to be compensated for your injury.

Insurance adjusters view a delay in treatment as a sign that either a) your injury wasn’t legitimate, or b) your injury happened after the car accident and before you sought treatment. In other words, it’s not the insurance company’s responsibility.

Hire A Personal Injury Lawyer

When you’re a passenger in a car accident, there are multiple insurance policies which may come into play when settling your personal injury claim. First, a determination must be made as to who is the at-fault driver. Whether it’s the other vehicle or the vehicle you were traveling in, a personal injury lawyer will establish a claim on your behalf and set forth the facts, supported by law, which establish fault.

If your injury is severe and you exhaust the insurance policy limits on the at-fault driver’s policy, you can pursue the insurance policy limits on the other vehicle. The minimum insurance policy limits for a motor vehicle are $30,000 per bodily injury or $60,000 total bodily injury for all persons in the accident. § 20-279.21.  “Motor vehicle liability policy” defined.

For injuries and medical bills which justify a larger recovery, your personal injury lawyer will pursue additional policies via underinsured or uninsured motorist coverage. This is a function of motor vehicle law.

Start With A Consultation

It’s important to understand your rights and recover damages that you’re entitled to as a result of someone else’s negligent behavior. We are happy to discuss your case with you and provide guidance. There’s no charge for the consultation, and it can be done in person or over the phone. If you’d like to speak with a personal injury lawyer today, call 704.749.7747 and we will help you move forward. Or, you can click HERE to request a phone call at a time of your choosing. We hope you’ll choose to Recover With Us.