Firm news
Accident Q&A series
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How can I pursue diminished value from the other driver's insurer when my own insurer is handling the repairs? — Durham, NC
You can generally present a separate diminished value claim to the other driver’s insurer even when your own insurer pays for the repairs. You will…
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How can I prove that my repaired vehicle lost resale value after a rear-end accident? — Durham, NC
You can prove lost resale value by comparing your vehicle’s fair market value immediately before the rear-end accident with its value after proper…
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How can I find out my underinsured motorist policy limit if my insurer will not tell me directly? — Durham, NC
Request the declarations page and a complete certified copy of the auto policy that was in effect on the collision date. North Carolina law requires…
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How can I challenge an insurance company's valuation of my totaled vehicle? — Durham, NC
You can challenge the valuation by requesting the insurer’s complete valuation report, identifying errors, and submitting better evidence of the…
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How can I challenge an accident report that incorrectly says I caused the collision? — Durham, NC
You can challenge an inaccurate North Carolina accident report by promptly contacting the investigating agency, identifying the disputed entries, and…
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How are unresolved injuries and possible future treatment included in an underinsured motorist claim? — Durham, NC
Unresolved injuries and possible future treatment may be included in a North Carolina underinsured motorist claim when reliable medical evidence…
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Does it matter that the damaged vehicle is still being financed? — Durham, NC
Yes, financing matters to how a property-damage claim is handled, but it does not prevent a claim. The lender may have rights in the insurance…
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Does being injured while traveling for work affect my car accident claim? — Durham, NC
Yes. Being injured while traveling for work may give you both a car accident claim against the at-fault driver and a workers’ compensation claim…
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Does an accident report determine who is legally responsible for a car crash? — Durham, NC
No. A North Carolina accident report is an important starting point, but it does not make a final legal determination of responsibility. An insurer…
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Does allowing someone without a valid license to drive a rental car affect insurance coverage? — Durham, NC
Yes. Allowing an unlicensed person who is not an authorized driver to operate a rental car can lead an insurer or rental company to dispute or limit…
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Can the rental company pursue me even though I was not present when the accident happened? — Durham, NC
Yes, if you signed the rental agreement, the rental company may pursue you even though someone else was driving and you were not at the accident…
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Can pre-existing back problems reduce my claim if the collision aggravated them and caused new neck and shoulder symptoms? — Durham, NC
Yes, pre-existing back problems can affect a claim, but they do not automatically prevent recovery. Under North Carolina law, the responsible driver…
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Can photographs of bruising and evidence of my activities before the accident help show how the collision affected my life? — Durham, NC
Yes. Clear photographs of bruising and reliable evidence showing what you regularly did before a collision can help document the nature of your…
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Can ongoing pain and limits on daily activities and my relationship be considered in my injury claim? — Durham, NC
Yes. In a North Carolina car accident claim, ongoing pain and documented limits on work, recreation, household tasks, and other parts of daily life…
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Can I recover compensation for pain that appeared after the accident even if my X-ray did not show an injury? — Durham, NC
Yes, a negative X-ray does not automatically prevent you from seeking compensation for pain that developed after a North Carolina car accident. You…
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Can I pursue the rental driver's personal auto insurance for my accident claim? — Durham, NC
Yes, you can usually submit a liability claim to the rental driver’s personal auto insurer, even though the driver was operating a rental vehicle.…
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Can I pursue diminished value if there was no police report but the other driver accepted fault? — Durham, NC
Yes. The absence of a police report does not automatically prevent a diminished value claim in North Carolina, especially when the other driver’s…
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Can I pursue diminished value if the police report does not expressly say which driver was at fault? — Durham, NC
Yes. A North Carolina diminished value claim does not automatically fail because the police report does not identify an at-fault driver. You still…
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Can I pursue an injury claim if another driver crossed traffic in front of me and I could not avoid the collision? — Durham, NC
Yes, you may be able to pursue a North Carolina injury claim if another driver entered or crossed your lane without yielding and you had no…
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Can I make an insurance claim if I was driving a vehicle owned by my parent? — Durham, NC
Yes. Driving a vehicle owned by your parent does not automatically prevent an insurance claim in North Carolina, especially if you had permission to…
