Firm news

Accident Q&A series

  1. What insurance coverage might apply when an out-of-state driver hits me? — Durham, NC

    If you’re hit in North Carolina by an out-of-state driver, the first place a claim usually starts is the at-fault driver’s liability insurance (even…

  2. What information can the insurance company get while the injured person is still treating? — Durham, NC

    In North Carolina, an insurance company generally cannot pull an injured person’s private medical records just because a claim is open. In most…

  3. What happens if the person driving the car isn’t the same person listed on the insurance policy? — Durham, NC

    In North Carolina, the driver does not have to be the named policyholder for liability coverage to apply. Many auto policies must cover the named…

  4. What happens if the injured person’s treatment takes longer than expected? — Durham, NC

    In North Carolina, it’s common for an injury claim to stay “open” while the injured person is still treating, because the full medical picture (and…

  5. What happens if my symptoms improve but I still need follow-up care later? — Durham, NC

    In North Carolina injury claims, it’s common for symptoms to improve and then flare up or require follow-up care later. The key is documentation:…

  6. What happens after my attorney sends a demand package to the insurance company? — Durham, NC

    After your attorney sends a demand package, the insurance company usually reviews liability (who was at fault), reviews your medical records and…

  7. If I don’t have health insurance, can the insurance company still dispute or cut down my medical charges? — Durham, NC

    Yes. In a North Carolina injury claim, an auto insurance company can still argue that some medical charges are not reasonable or not related to the…

  8. How long do I have to start a car accident claim after being hit by an out-of-state driver? — Durham, NC

    In most North Carolina car wreck cases, you generally have three years to file a lawsuit for personal injuries, even if the at-fault driver is from…

  9. How does a virtual medical appointment count toward documenting my injury and recovery? — Durham, NC

    In North Carolina, a virtual (telehealth) appointment can still create medical documentation that helps show your symptoms, functional limits,…

  10. How do I prove my concussion and post-concussion symptoms are related to the car accident? — Durham, NC

    In North Carolina, you usually prove a concussion and post-concussion symptoms are related to a car accident by building a clear timeline and a…

  11. How do I know whether a settlement offer is fair when my medical bills and liens are still outstanding? — Durham, NC

    In North Carolina, you can’t judge whether a settlement offer is “fair” until you estimate what will actually be left after outstanding medical bills…

  12. How do I file an insurance claim after being hit by a car as a pedestrian? — Durham, NC

    In North Carolina, you usually start by opening a bodily injury claim with the driver/vehicle owner’s auto insurer, then support it with the police…

  13. How can I use a police report and witness statement to support my injury claim? — Durham, NC

    In North Carolina, a police crash report and a good witness statement can help show how the crash happened, who was involved, and why the driver’s…

  14. Can I recover compensation for ambulance transport, emergency room care, and follow-up specialist treatment after a pedestrian crash? — Durham, NC

    Often, yes—under North Carolina law, a pedestrian injured by a negligent driver can typically seek compensation for reasonable and necessary medical…

  15. Can I file a claim in the state where the crash happened if the other driver lives out of state? — Durham, NC

    Yes, in many situations you can pursue an injury claim in North Carolina if the crash happened here, even if the other driver lives in another state.…

  16. Who should the settlement check be made payable to when I have a lawyer handling my injury claim? — Durham, NC

    In most North Carolina injury claims where you have a lawyer, the settlement check is commonly made payable to both you and your law firm (a…

  17. What paperwork do I need to sign so the law firm can request my medical records and bills? — Durham, NC

    In most North Carolina personal injury cases, a law firm will need you to sign (1) a representation/intake agreement and (2) one or more…

  18. What information does an insurance company need from me to tender the policy limits? — Durham, NC

    In North Carolina, an insurance company usually needs enough information to (1) confirm who is being paid, (2) prepare a settlement release, and (3)…

  19. What happens if there are rumors that someone pushed the bicyclist or that it was intentional—does that change a wrongful death claim against the driver or trucking company? — Durham, NC

    It can change the case, but it does not automatically eliminate a North Carolina wrongful death claim against the driver or trucking company. The key…

  20. What happens if I never received the intake packet that was supposed to be mailed to me? — Durham, NC

    Usually, nothing “bad” happens—you simply are not fully onboarded yet, so the firm may not be able to start requesting medical bills and records or…

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