Firm news
Accident Q&A series
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How can I get the insurance company to increase their settlement offer after they’ve already made one? — Durham, NC
You usually increase a settlement offer by giving the insurer better, clearer proof of (1) fault and (2) the full impact of your injuries—especially…
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How can I find out whether the injured person has MedPay or PIP coverage for the accident date? — Durham, NC
In North Carolina, the most reliable way to confirm MedPay (medical payments) coverage for a specific accident date is to get the injured person’s…
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How can I challenge an insurer’s denial that says there was no coverage on the accident date? — Durham, NC
In North Carolina, a “no coverage on the accident date” denial is often challenged by forcing the insurer to document exactly why it believes the…
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Does it help my case that a store employee saw me fall and helped fill out an incident report? — Durham, NC
Yes, it can help. A store employee who witnessed the fall and helped complete an incident report may support key issues like when and where the fall…
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Can the police department locate a crash report if I only know the month the accident happened? — Durham, NC
Sometimes, yes—but it depends on how the department’s records system is set up and how much identifying information you can provide. If you only know…
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Can my shoes or lack of traction be used against me in a slip-and-fall claim? — Durham, NC
Yes. In a North Carolina slip-and-fall claim, the store (or its insurer) may argue your shoes, tread, or “lack of traction” contributed to the fall.…
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Can my case move forward or be settled before all of my medical records and bills are received? — Durham, NC
Yes—your North Carolina personal injury case can often keep moving (and sometimes even settle) before every last medical record and bill arrives. But…
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Can I still make a claim if the crash happened in heavy rain but I was stopped at a red light when I got hit? — Durham, NC
Yes. In North Carolina, being rear-ended while you’re stopped at a red light often supports a negligence claim, even if it was raining…
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Can I still bring a case if a police report was made but I don’t have ongoing medical records yet? — Durham, NC
Yes. In North Carolina, you can still pursue an injury claim even if you only went to the ER and don’t have ongoing medical records yet. A police…
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Can I negotiate a higher settlement offer if my medical bills are higher than the offer amount? — Durham, NC
Yes. In North Carolina, a settlement offer does not have to match your medical bills, and you can ask for more if the offer does not fairly account…
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Can an insurer include or exclude certain doctor visits if they think the visits were unrelated to the accident? — Durham, NC
Yes. In a North Carolina injury claim, an insurer can decide that certain visits or charges are not “accident-related” and leave them out of its…
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What should I do right after a car accident if I didn’t call the police or get a police report? — Durham, NC
In North Carolina, not having a police report does not automatically prevent you from making an insurance claim or (if needed) pursuing a legal…
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What should I do if I receive letters from my health insurer about my injury claim? — Durham, NC
Don’t ignore the letters, and don’t sign or agree to anything without understanding what the insurer is asking for. In North Carolina injury claims,…
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What information should I include when I make a counteroffer on a personal injury claim? — Durham, NC
Updated: February 2026 This article was updated to clarify North Carolina’s contributory-negligence rule. The prior wording suggested that any slight…
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What happens if the insurance adjuster ignores my counteroffer or delays responding? — Durham, NC
In North Carolina, an adjuster’s silence usually does not “accept” your counteroffer or stop the clock on your case—it typically just means…
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How is fault determined when a crash happens while turning out of a parking garage onto a two-way street? — Durham, NC
In North Carolina, fault in this situation usually turns on right-of-way and lookout: a driver entering a street from a parking garage/driveway…
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How do I know whether the insurance company’s initial offer is too low for my injuries and losses? — Durham, NC
In North Carolina, an initial offer is often “too low” if it does not fully account for (1) all reasonable medical expenses and related out-of-pocket…
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How do I document vehicle damage and get a proper repair estimate to support my claim? — Durham, NC
In North Carolina, the strongest property-damage claim file usually includes clear photos/video, a written repair estimate that lists parts and…
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Can I negotiate a settlement directly with the insurance company if I already have an attorney? — Durham, NC
You generally can talk with an insurance adjuster even if you already have a lawyer, but it is usually not a good idea to negotiate settlement terms…
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What should I do next if I’m not sure whether I’m injured but I was in a car accident? — Durham, NC
If you’re not sure you’re injured after a car accident, your next steps should focus on (1) safety, (2) documenting what happened, and (3) creating a…
