Firm news

Accident Q&A series

  1. Who is responsible for damage to another vehicle when an unauthorized driver causes a rental-car accident? — Durham, NC

    The unauthorized driver is usually the first person potentially responsible if that driver negligently caused the crash. The renter may also face…

  2. Which insurance company should I contact about a liability claim after a crash caused by someone driving a rental vehicle? — Durham, NC

    Promptly contact both the rental company or its claims administrator and the rental driver’s personal auto insurance company, even if the driver did…

  3. What medical records and accident documents should I preserve for my injury claim? — Durham, NC

    Preserve complete medical records and itemized bills, the police crash report, photographs, witness information, insurance communications, vehicle…

  4. What information might the insurer request before reviewing my bodily injury demand? — Durham, NC

    The insurer may request basic claim identifiers, proof that your attorney represents you, medical records and itemized bills, lost-income…

  5. What happens when a rental car is damaged after the renter's insurance coverage has lapsed? — Durham, NC

    A lapse in the renter's personal auto insurance does not automatically mean that no coverage exists, but it can leave the renter and driver…

  6. What happens if the other driver's insurer makes a diminished-value offer that is too low? — Durham, NC

    You do not have to accept a diminished-value offer that you believe is too low. You can request the insurer’s valuation method, submit stronger…

  7. What happens if the insurance company disputes my diminished value appraisal? — Durham, NC

    The insurance company may reject the appraisal, request more support, obtain another valuation, or make a lower offer. Your appraisal is evidence of…

  8. What evidence do I need to support a property-damage claim after a hit-and-run? — Durham, NC

    You should preserve evidence showing how the hit-and-run happened, whether the fleeing vehicle made contact, who owns the damaged vehicle, and the…

  9. What documents can verify the charges included in a healthcare lien? — Durham, NC

    An itemized billing statement and a current lien ledger are the primary documents used to verify the charges included in a healthcare lien. Medical…

  10. What can I do if my insurance company is not helping after a hit-and-run accident? — Durham, NC

    Put the claim in writing, ask the insurer to identify the available coverage and any missing documents, and request a written explanation for any…

  11. Should I hire an attorney in the state where the accident happened even though I live in another state? — Durham, NC

    Usually, you should speak with an attorney licensed in the state where the accident occurred, even if you live elsewhere. If the crash happened in…

  12. Should I hire a lawyer in the state where the accident happened rather than where I live? — Durham, NC

    Usually, you should choose a lawyer who is licensed and able to handle a claim in the state where the accident happened, even if you live elsewhere.…

  13. Should all of my medical treatment be considered in a personal injury settlement? — Durham, NC

    All accident-related medical treatment should be reviewed, but an insurer does not have to accept every visit or charge when evaluating a personal…

  14. How does the appraisal process work if the two appraisers cannot agree on the vehicle's lost value? — Durham, NC

    If the two appraisers cannot agree, North Carolina law calls for a qualified, disinterested umpire to review their differences and determine the…

  15. How does an insurance company decide how much to offer for a personal injury claim? — Durham, NC

    An insurance company usually bases its offer on its assessment of fault, medical evidence, financial losses, injury-related limitations, available…

  16. How does a healthcare lien affect a bodily injury claim? — Durham, NC

    A valid healthcare lien may require part of a bodily injury recovery to be used to pay injury-related medical charges before the remaining funds are…

  17. How do ongoing shoulder pain and limits on daily activities affect the value of a car accident claim? — Durham, NC

    Ongoing shoulder pain and documented limits on sleep, household tasks, recreation, writing, and family activities may increase the value of a North…

  18. How can my lawyer submit a bodily injury demand to the correct insurance adjuster? — Durham, NC

    Your lawyer can identify the assigned bodily injury adjuster, verify that person’s contact information and authority, and submit the demand through…

  19. How can my attorney request copies of my medical records from an emergency services provider? — Durham, NC

    Your attorney can usually request the records by sending the emergency services provider a written request with your signed, HIPAA-compliant…

  20. How can I recover payment for vehicle damage when the other driver leaves the scene? — Durham, NC

    You may seek payment through the fleeing driver’s liability insurance if the driver is identified, or through applicable coverage on the damaged…

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