Durham Car Accident Lawyers

Every state has different laws regarding the time limit in which an individual can file a claim after the date of their injury. The statute of limitations for North Carolina car accidents is three years. This means that if you do not file a claim for your injuries within this time frame, your claim may be barred from any recovery.

The best thing you can do is consult a qualified car accident injury lawyer from Kornbluth Ginsberg as soon as possible after your accident. By doing so, you’ll be sure to meet all applicable filing deadlines for a car accident lawsuit. Your attorney also can identify any exceptions that could apply to your situation and will prepare a timely case on your behalf.

North Carolina is an at-fault state, which means that every driver involved in an accident is required to pay for damages they cause as result of an accident. However, unlike most states, North Carolina uses a system known as contributory negligence. Under the law of contributory negligence, if a driver is found by law to have contributed in any way to an accident, that driver is unable to recover any damages.

For example, if a drunk driver causes 99 percent of the fault in an accident, but the other driver is found to have been responsible for 1 percent of the accident, the driver who is only responsible for 1 percent of the accident cannot recover any damages. This law of contributory negligence in North Carolina can be harsh and unforgiving to victims of personal injury accidents.

For this reason, you should have an auto accident attorney from Kornbluth Ginsberg on your side to put your case in the best light possible.

In the state of North Carolina, all drivers are required to have liability insurance coverage, but drivers are not required to carry underinsured Motorist (UIM) coverage if they operate a motor vehicle.

Liability insurance pays claims when a driver damages someone else’s person or property in an accident. However, UIM coverage pays for claims when an injured driver is injured by the fault of another driver who does not carry a sufficient level of insurance coverage to fully compensate the injured driver. In other words, the injured driver is compensated under their own insurance policy for damages caused by the injured driver.

For example, a seriously injured driver who carries $500,000 in UIM coverage is involved in an accident with an at-fault driver who only carries the minimum of $30,000 in liability insurance coverage. The seriously injured driver may recover up to $500,000 in insurance coverage for their injuries. In other words, the injured driver may recover up to $30,000 in liability insurance coverage from the at-fault driver and up to $470,000 in UIM coverage from the injured driver’s own UIM policy.

In this example, if the seriously injured driver did not carry any UIM insurance coverage under their own insurance policy, they would be limited to recovering only the $30,000 available from the at-fault driver’s liability insurance.

Additionally, it is also important to recognize that multiple UIM policies may sometimes apply to the same accident in North Carolina. This is known as “stacking” multiple UIM policies together. An experienced personal injury attorney can ensure that all available UIM insurance policies are located, allowing a car accident injury victim to apply for coverage of their losses.

Although North Carolina drivers are not required to carry UIM coverage, it is very wise to do so. As the preceding example indicates, it can avoid disastrously unfair results when at-fault drivers do not have sufficient liability insurance coverage.

UIM coverage is a comparatively inexpensive form of insurance coverage that drivers should consult with their insurance agents about adding to their motor vehicle insurance policies. In situations of severe motor vehicle accidents, the additional insurance coverage through UIM coverage can often provide a huge difference in compensation for injured victims of at fault drivers with limited liability insurance policies.

Unlike underinsured motorist (UIM) coverage, uninsured motorist coverage (UM) is required for all drivers in North Carolina. This form of insurance coverage applies when an injured driver is involved in an accident with an at-fault driver who does not carry at least the minimum level of liability insurance coverage required by North Carolina law.

In some situations, drivers may fail to carry liability insurance coverage due to such reasons as having a poor driving record or attempting to avoid the expense of insurance. The minimum levels of UM coverage required in North Carolina are $30,000 per person and $60,000 per accident when multiple victims are involved.

Despite these forms of motor vehicle insurance coverage, injury victims often find themselves in a precarious position in the aftermath of a car wreck in Durham, Raleigh, and other areas of North Carolina.

In serious accidents, they may find that the minimum liability coverage of the other driver does not even cover their medical costs. They may discover that the at-fault driver doesn’t have insurance at all. Even when sufficient insurance coverage may be available, injured drivers may face resistance from the involved insurance providers when trying to claim the coverage they need for fair compensation.

While the circumstances surrounding an auto wreck vary, many crashes in North Carolina fall into the following categories:

• Rear-end collision
• Side-impact collision (also known as a T-bone crash or broadside crash)
• Sideswipe collision
• Head-on collisions
• Rollover accidents ─ These are among the deadliest kinds of auto accidents. Trucks and SUVs are more susceptible to rolling over in crashes, as they have high centers of gravity.
• Single-vehicle crashes
• Multi-vehicle crashes (also known as pile-ups)

The violent forces of a motor vehicle collision can result in severe injuries to nearly any area of the body. Common car accident injuries in Westwood include: