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Accident Q&A series

  1. Will one medical records request usually include both the treatment records and the billing records? — Durham, NC

    Not always. One request can ask for both treatment records and billing records, but hospitals and clinics often process chart records and itemized…

  2. Who may be responsible when a broken bench at a bus stop causes a fall injury? — Durham, NC

    Responsibility may fall on the person or organization that owned, installed, inspected, maintained, or controlled the bus stop bench. In North…

  3. What should I do if police came to the scene but I have not been able to get the report? — Durham, NC

    You should keep trying to identify the correct agency and report number, but do not wait on the police report before protecting your injury claim. In…

  4. What should I do if a law firm contacts me about helping with my car accident case? — Durham, NC

    You do not have to hire a law firm just because it contacts you after a car accident. In North Carolina, direct solicitation of legal business can…

  5. What should I do after a parking lot accident if the other driver backed into my car? — Durham, NC

    After a parking lot accident where another driver backed into your car, focus on safety, reporting, evidence, medical documentation, and insurance…

  6. What kinds of damages can I claim after a motor vehicle accident? — Durham, NC

    You may be able to claim damages for medical expenses, lost income, pain and suffering, property damage, and other crash-related losses that are…

  7. What is a demand letter in a personal injury case? — Durham, NC

    A demand letter is a written request sent to the insurance company that explains your injury claim, supports it with documents, and asks for a…

  8. What information should I gather after a motor vehicle accident? — Durham, NC

    After a motor vehicle accident in North Carolina, gather identifying information, insurance details, photos, witness information, medical records,…

  9. What happens if the other driver left the scene without giving insurance information after I was taken to the hospital? — Durham, NC

    The crash should still be investigated, and you may still have insurance-claim options even if you were taken to the hospital before information was…

  10. What happens if my car accident settlement is a lump sum and I still have medical bills? — Durham, NC

    A lump-sum car accident settlement usually must cover your injury claim, including medical bills, medical liens, and any reimbursement claims that…

  11. What happens if I went to the ER but do not have any follow-up treatment scheduled yet? — Durham, NC

    Your ER visit is an important first record, but having no follow-up treatment scheduled yet can leave a gap that an insurance company may use to…

  12. What happens if a hospital says it already mailed the medical records but our office never received them? — Durham, NC

    If a hospital says it mailed the records but the law office never received them, the safest next step is usually to document the call, confirm the…

  13. What documents are important for a personal injury claim before sending a demand? — Durham, NC

    The important documents are the ones that prove what happened, connect your injuries to the incident, show the full medical billing picture, identify…

  14. What can I do if the insurance company says my motorcycle coverage was not active even though I made the payment before the crash? — Durham, NC

    You can dispute the insurer’s position, but you need proof of when the payment was made, accepted, posted, and what the policy said about…

  15. Should I accept an insurance company's settlement offer after an accident? — Durham, NC

    Do not accept a settlement offer until you understand what you would be giving up and what must be paid from the settlement. In a North Carolina…

  16. How do medical liens affect what I actually receive from a personal injury settlement? — Durham, NC

    Medical liens can reduce the amount you take home from a personal injury settlement because certain medical bills or reimbursement claims may have to…

  17. How do I prove the other rider caused the crash when the officer did not get my full side of the story? — Durham, NC

    You prove fault by building evidence beyond the crash report. In North Carolina, an officer’s report can be important, but it is not the only…

  18. How do I prove my injuries were caused by a defective bench in a public waiting area? — Durham, NC

    You prove this type of claim by connecting three things: a dangerous defect in the bench, notice or responsibility by the proper person or entity,…

  19. How do I prove fault in a motorcycle crash when there is a police report but the officer did not get the other rider's insurance details from me at the scene? — Durham, NC

    You prove fault by building evidence of how the crash happened, not only by relying on the insurance information listed in the police report. In…

  20. How do I know whether another attorney can join my car accident case as co-counsel? — Durham, NC

    Another attorney may be able to join your North Carolina car accident case as co-counsel, but you should not assume it is automatic. You generally…

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