Did you suffer injuries in a Durham, North Carolina, car accident? Are you feeling overwhelmed by the car accident personal injury claim process? Handling a claim can be stressful, especially when dealing with a painful recovery and mounting expenses. The good news is that you don’t have to figure this out by yourself.
At Kreger Brodish LLP, our lawyers are here to help you every step of the way. We will fight for your compensation and manage the legal details so you can focus on healing. Contact us today for a free initial consultation to learn how we can assist you in moving forward with your claim.
Navigating the Car Accident Claims Process
Being involved in a car accident can be overwhelming, especially when you also have to deal with the car accident claim process afterward. Understanding the steps to take can help you protect your rights and handle the situation more effectively.
Check for Injuries
The first thing you should do after a car accident is to check yourself and others for injuries. Your health and safety, and that of any others involved in the crash, is always the top priority. If you or anyone else has suffered significant injuries, call 911 immediately to request medical assistance. Even if the injuries seem minor, it’s vital to get a check-up by a medical professional as soon as possible.
Some injuries, like whiplash or internal bleeding, might not be immediately apparent but can worsen quickly without proper care. Additionally, moving someone who is seriously hurt can cause further harm, so it’s best to wait for emergency responders unless there is an immediate danger, such as a fire or oncoming traffic. If you can, try to remain calm and reassure others. Taking these steps promptly can significantly affect your recovery and car insurance claim process.
Document the Damage
Once you have addressed any immediate injuries, your next step is to document the crash damage. This documentation is essential for supporting your claim with the insurance company and protecting your legal rights. Start by taking photos of the scene, including all vehicles involved, visible injuries, and other property damage. Use your phone or a disposable camera to capture images from multiple angles that provide a comprehensive view of the scene.
Recording relevant details about the accident, such as the time, location, and weather conditions, is also essential. Write down everything you can recall about how the accident occurred while it is still fresh in your mind. If any witnesses are present, politely request their contact information and ask whether they will provide a statement about what they saw. This evidence will be highly valuable if you file a car insurance claim, as it can help insurers and courts establish fault and the extent of the damage.
Report the Accident to the Police
North Carolina law requires you to report a car crash to the police if it results in injury, death, or property damage of $1,000 or more. Failure to do so can result in a misdemeanor charge. Reporting the accident ensures there is an official record of the incident, which is essential for legal and insurance purposes.
If the police respond to the crash scene, provide them with an accurate account of what happened. Stick to the facts, and avoid making statements that officers could interpret as admissions of fault. The police will prepare an accident report, and you should request a copy for your records.
If the police do not respond to the scene, you might need to file a report yourself with the nearest police station. Do this as soon as possible to comply with state law and protect your rights.
Seek Medical Attention
Even if you do not feel hurt right after the accident, you should still seek medical attention as soon as possible. Some injuries, like concussions or soft tissue damage, do not show symptoms immediately but can become more severe over time. A medical professional can properly assess and treat your condition and document any injuries you suffered in the accident.
Obtaining prompt medical attention is also essential for your auto insurance claim. Insurance companies could argue that any delays in seeking treatment suggest that your injuries are not serious or did not result from the accident. It’s best to visit a doctor immediately and follow all their treatment recommendations to avoid this possibility. Remember to retain all medical records, bills, and receipts related to your treatment, as these will be necessary for the insurance claim process for car accidents.
Notify the Insurance Company
After you address your immediate health concerns, you should notify your insurance company about the accident. It is best to do this as soon as possible to comply with the company’s notice requirements and ensure they can process your claim quickly. When you speak with your insurance company or insurance adjuster, provide only the basic facts about the accident, such as the date, time, and location. Avoid providing more details than necessary, and never apologize or admit fault, as this could affect the outcome of your claim.
Always be cautious about what you say during conversations with the insurance agent, as they could try to use your statements to minimize their liability. Stick to the facts—avoid speculating about fault or discussing the extent of your injuries until you have more information. If you are unsure what to say, consult a legal professional before making your report.
You should also keep a record of all communications with your insurer. This includes the date and time of each conversation, the name of the person who spoke to you, and the details of what you discussed. This documentation can be helpful if any disputes about your claim arise later.
How North Carolina’s Contributory Negligence Law Could Affect Your Claim
North Carolina courts follow a pure contributory negligence doctrine, which can significantly impact car accident claims. This law can bar you from recovering compensation if the courts determine you are even slightly at fault for causing an accident.
For example, let’s say a court decides that the other driver was primarily at fault for the accident while you were just 1 percent responsible. In that case, you could be ineligible to collect compensation. Because of this strict rule, it’s crucial to gather solid evidence and present a strong case clearly showing you were not at fault after a North Carolina car wreck.
Working with an attorney is the best way to handle this challenging aspect of North Carolina law. Your lawyer can protect your rights and improve your likelihood of recovering compensation.
What If the Insurance Company and I Can’t Reach an Agreement?
You have several options if you and the insurance company can’t agree on your car accident claim. First, you can try to negotiate further, presenting any additional evidence or documentation that supports your claim. If this doesn’t work, you can request a review by a claims supervisor within the insurance company. Sometimes, involving a higher-level representative can resolve these disputes.
If you still can’t reach an agreement, you might need to consider mediation or arbitration, where a neutral third party helps you facilitate a resolution. If all else fails, you can file a lawsuit against the at-fault party. In this case, working with an attorney is essential to present your case effectively in court and maximize your chances of receiving fair compensation.
When Should You Get an Attorney Involved?
You should get an attorney involved as soon as possible after a car accident. Working with an attorney early on is the best way to protect your rights and ensure you take the proper steps from the beginning.
Insurance companies often try to settle claims quickly and for as little as possible, which can leave you with less compensation than you deserve. An attorney can handle the car accident insurance claims process on your behalf, gather crucial evidence, and negotiate aggressively with the insurance company.
If the insurance company disputes your claim or tries to place any blame on you, having an attorney by your side becomes even more critical. The sooner you involve an attorney, the stronger your case will be, and the better your chances of getting the compensation you deserve.
Important Deadlines in North Carolina Car Accident Claims
In North Carolina, you have three years from the car accident date to file a lawsuit. If you wait too long and miss this deadline, you will likely lose your right to seek compensation through the courts.
Given this strict timeline, immediately contacting a lawyer is crucial after a Durham car crash. A lawyer can work quickly and efficiently to handle your claim, gather evidence, negotiate with insurers, and prepare your case for court if necessary.
Contact Our North Carolina Car Accident Attorneys for Help
If you’ve been involved in a North Carolina car accident and need help with your injury claim, contact Kreger Brodish LLP today. Our Durham car accident attorneys are here to support you and fight for the compensation you deserve. Contact us now for a free initial consultation and take the first step toward getting your life back on track.
