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Understanding Your Rights After a Car Accident: A Guide for Victims

Understanding Your Rights After a Car Accident: A Guide for Victims

Aug 08, 2024

The North Carolina Division of Motor Vehicles reports that almost 275,000 car accidents take place in the Tar Heel State each year. These accidents cause over 110,000 injuries and millions of dollars of property damage.

If you’re ever involved in a car crash in North Carolina, it’ll likely leave you shaken up. These accidents are typically traumatic experiences that make people wonder what they’re supposed to do next.

Understanding your rights after a car accident is of the utmost importance; it can often prevent a bad situation from worsening.

Here is a guide for car crash victims to help you learn about your rights after a crash.

Your Right To File a Car Insurance Claim

North Carolina requires residents to secure car insurance for their vehicles. A policy must provide liability insurance coverage and, at minimum, uninsured motorist coverage.

Car insurance rates in North Carolina have risen dramatically in recent months, much to the dismay of many people. But, having that insurance can protect you in the event you’re involved in an accident for property damage, and for bodily injury if the other party was deemed to be 100% at-fault in the accident.

One thing worth noting is that North Carolina is one of just four states that still use contributory negligence rules to determine how much compensation you can collect after an accident. These rules may prevent you from receiving the compensation you need to pay for car repair bills, medical expenses, and more if you’re found even partly to blame for a crash.

Your Right To Hire a Car Accident Lawyer

Since North Carolina continues to rely on contributory negligence rules, it can complicate matters when you make car insurance claims. If police perform fault determination and find you were partially to blame for a car accident, it could limit your ability to collect compensation.

If the car insurance company gives you a hard time when you file a claim, remember that you maintain the right to hire an accident lawyer to handle your case. You might even want to begin working with a trustworthy attorney before filing an insurance claim.

An accident attorney can tell you what to say and, perhaps even more importantly, what not to say when communicating with the insurance company. They can also look over evidence from your case and analyze it accordingly.

Your Right To File a Personal Injury Claim

If you were injured in an accident where the other party was at fault, sometimes hiring a car accident lawyer is enough to get insurance claims approved. An attorney on your side can help protect you from making crucial mistakes when speaking with your insurance company.

But even with an attorney on your side, the insurance company might refuse to provide compensation. You can work around this by exercising your right to file a personal injury claim through a lawyer who has handled similar cases.

Whatever you do, don’t wait too long to take legal action after an accident. The statute of limitations for personal injury cases in North Carolina is three years from the date of a crash.

Your Right To Seek Compensation

If you were in a car crash someone else caused, you shouldn’t be left with a mountain of medical bills and other expenses to pay. You have the right to seek compensation when you file a car accident lawsuit.

Your lawyer can attempt to negotiate a fair settlement with the defendant in your case. Depending on the circumstances surrounding your crash, you might have the opportunity to agree to a fair settlement and secure compensation without ever setting foot in a courtroom.

Your Right to a Fair Trial

If a car accident lawyer can’t iron out a settlement deal with the defendant in your case, you won’t need to be too concerned. You’ll still have the right to a fair trial in your personal injury case.

Your lawyer can call off negotiations with the defendant and move forward with a trial. They’ll perform trial preparation to gather key facts for your case and work to help you earn a judgment from the judge or jury presiding over it.

Speak With an Experienced Attorney About Your Rights After a Car Accident

Being involved in a car crash can shake you to your core. You can bounce back from a crash by understanding your rights after an accident and taking full advantage of them.

Allow a car accident lawyer from Paynter Law to help you work through the process. Contact us at (919) 766-2532 to set up a free case evaluation.