Car accidents can be a traumatic and overwhelming experience. In the aftermath of a car accident, it’s crucial to take the right steps to protect your rights and seek help from a skilled car accident lawyer. This guide will walk you through what to do after a car accident that’s not your fault in North Carolina and how a Charlotte car accident lawyer can assist with your case.
Our team at Mogy Law is here to help car accident victims in North Carolina get the maximum compensation. Contact us today for a free consultation.
What to Do After a Car Accident in North Carolina That Is Not Your Fault
Here are the steps you should take after a car accident in North Carolina.
Ensure Safety
The first and most important step after a car accident is to ensure the safety of all parties involved. If possible, move your vehicle to a safe location, away from traffic. Turn on your hazard lights to alert other drivers, and check yourself and your passengers for injuries.
Call the Police and Report the Car Crash
After ensuring everyone’s safety, contact the local law enforcement agency, such as the county sheriff’s department or police, to report the accident. North Carolina law requires drivers to report motor vehicle accident that results in injury, death, or at least $1,000 in property damage.
The police will arrive at the crash scene to assess the situation, interview the drivers involved, and file an official accident report. Make sure to get a copy of the accident report for your records, as it will be essential when filing your claim.
Gather Information at the Accident Scene
While waiting for the police to arrive, gather as much information as possible from the accident scene. Get the name, address, phone number, driver’s license number, and insurance information of the other driver.
If there are witnesses to the accident, collect their contact information as well, as witness testimony can be valuable in supporting your version of events.
Additionally, take photographs of all vehicles involved, the other car’s license plate number, the accident scene, and any visible injuries. These photos can serve as crucial evidence in your car accident case.
Seek Medical Care
Even if you feel fine, seek medical attention immediately. Some car accident injuries may not be apparent right away.
Seeking medical care is not only vital for your health but also for documenting your injuries. This documentation will be crucial when filing a claim with the at-fault driver’s insurance company. Accident-related medical bills should be covered by the at-fault driver’s insurer.
Notify Your Own Insurance Company
Even though the car crash was not your fault, notify your own insurance company as soon as possible. Most insurance companies require prompt reporting of any accidents, regardless of fault. Provide them with all the necessary details, including the accident report and the at-fault driver’s insurance information.
Your insurance company will work with the at-fault driver’s insurer to resolve the claim. In some cases, your auto insurance may cover certain expenses upfront, such as medical payments coverage or collision coverage, and then seek reimbursement from the other driver’s insurance company.
Avoid Admitting Fault
It’s important to be cautious about what to the other driver and the insurance adjusters. Avoid admitting fault or making statements that could be interpreted as an admission of guilt. Even a simple apology could be used against you later in the claims process. Stick to the facts when discussing the accident and leave the determination of fault to the authorities and insurance companies.
How Fault Is Determined in North Carolina
North Carolina is an “at-fault” state when it comes to car accidents, meaning that the at-fault driver is liable for the damages. If you’re not at fault, the other driver’s insurance company pays for your medical bills and other expenses.
Fault is typically determined by law enforcement officers, insurance companies, and, if necessary, the courts. The police report plays a significant role in determining fault, as it includes the officers’ observations and conclusions about the accident.
Contributory Negligence in North Carolina
One of the most important aspects of North Carolina law is the concept of contributory negligence. Under this rule, if a car accident victim is found to be even slightly at fault for the accident, they are not eligible for compensation. This is a strict standard, and it underscores the importance of having a skilled car accident lawyer on your side to help prove that you were not at fault.
Factors Considered in Determining Fault
Several factors are considered when determining fault in a car accident, including:
- Traffic Laws: Whether any traffic laws were violated, such as speeding, running a red light, or failing to yield.
- Police Report: The details and observations recorded in the police report, including witness statements and the officer’s assessment of the scene.
- Physical Evidence: Damage to the vehicles, skid marks, debris, and other physical evidence that can help reconstruct the accident.
- Witness Statements: Testimonies from witnesses who saw the accident can provide an unbiased account of what happened.
Fault determination is crucial because the at-fault driver’s insurance company is responsible for paying for the damages, including medical expenses, lost wages, property damage, and other costs associated with the accident.
How a Charlotte Car Accident Lawyer Can Help with Your Case
After a car accident in North Carolina that wasn’t your fault, hiring a Charlotte car accident lawyer can make a significant difference in the outcome of your case. Here’s how an experienced personal injury attorney from Mogy Law can help.
Gathering Evidence and Building a Strong Case
An experienced car accident attorney knows what evidence is needed to build a strong case. They will gather all relevant information, including the police report, medical records, witness statements, and photographs from the accident scene. Your lawyer may also work with accident reconstruction experts and other professionals to strengthen your case.
Settlement Negotiation
Dealing with insurance companies can be one of the most challenging aspects of a car accident claim. Insurance adjusters are trained to minimize payouts and may attempt to offer a low settlement or deny your claim altogether. A car accident lawyer will negotiate with the insurance adjuster on your behalf.
They will negotiate with the insurance company to secure fair compensation for your injuries, medical expenses, lost wages, and other damages.
Pursuing a Personal Injury Lawsuit
If the at-fault driver’s insurer refuses to offer a fair settlement, your lawyer may recommend filing a personal injury lawsuit. In this case, your attorney will represent you in court, presenting evidence and advocating for your rights.
While most car accident cases are settled out of court, having a lawyer who is prepared to take your case to trial can put pressure on the insurance company to offer a reasonable settlement.
What Is My Car Accident Claim Worth?
Car accidents can result in significant financial losses, including medical bills, lost wages, property damage, and pain and suffering. Your lawyer will work tirelessly to secure maximum compensation for all your damages.
You may be entitled to several types of compensation.
Medical Costs
Medical bills for treatment, rehabilitation, and ongoing care are often the most significant expenses, especially if serious injuries are involved. You can seek compensation for future medical costs if you need ongoing medical treatment.
Lost Wages and Loss of Earning Capacity
You can recover money for the income you lose while recovering after a car accident. If your injuries leave you unable to work or force you to take a lower-paying job, you can seek compensation for the reduced ability to earn income in the future.
Property Damage
Additionally, you may be entitled to compensation for vehicle damage, which could include the actual cash value of your car if it is totaled. Property damage extends beyond just your vehicle and can include any personal belongings damaged in the accident.
Pain and Suffering
Pain and suffering compensation accounts for the physical pain and emotional distress caused by the accident. This could include PTSD, anxiety, and the impact of a permanent disability on your quality of life.
Contact Our Law Firm for a Free Consultation Today!
The aftermath of an auto accident can be a stressful and confusing time. By hiring a North Carolina car accident lawyer, you can focus on your recovery while your attorney handles the legal aspects of your case. Knowing that an experienced personal injury attorney is fighting for your rights can provide you with peace of mind during this challenging time.
Having a Charlotte car accident lawyer from Mogy Law on your side can make a significant difference in the outcome of your case. With our expertise in North Carolina law and personal injury claims, we will fight for the compensation you deserve.
If you’ve been involved in a car accident that wasn’t your fault, don’t hesitate to seek legal representation. Contact us for a free legal consultation today.
