Firm news
Accident Q&A series
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Can my insurance company be required to pay my attorney fees as part of the settlement or claim payment? — Durham, NC
Usually, no. In North Carolina, your attorney’s fee is typically paid out of the settlement or recovery under your fee agreement, not added on top of…
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Can I recover money for missed work if I couldn’t get to my job because my car was totaled? — Durham, NC
Possibly, but it depends on why you missed work. In North Carolina, lost wages are usually tied to being unable to work because of your injuries,…
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Can I include the week I couldn’t work right after the accident even if I hadn’t seen a doctor yet? — Durham, NC
Often, yes—you can claim the first week of missed work as lost wages in a North Carolina injury claim, even if your first doctor visit happened…
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Can a campus be held responsible if a dangerous condition caused a slip and fall on school property? — Durham, nc
Sometimes, yes—but it depends on what kind of campus it is and whether immunity applies. In North Carolina, a school or campus may be responsible for…
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Will changing the claim to bodily injury liability affect what medical bills and other losses can be claimed? — Durham, nc
Usually, yes—switching a claim from MedPay to bodily injury (liability) changes what types of losses can be pursued and what must be proven . MedPay…
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What can I do if the emergency room didn’t do imaging or a full evaluation but I’m still sore? — Durham, NC
In North Carolina, it’s common for an ER visit after a crash to focus on ruling out emergencies—not doing every test or imaging study. If you’re…
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Can I still bring a claim if I haven’t had follow-up treatment since the crash? — Durham, NC
Yes—under North Carolina law, you can still bring an injury claim even if you have not had follow-up treatment after the crash. But a gap in care…
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What is the difference between MedPay and bodily injury liability coverage for an injured passenger? — Durham, nc
In North Carolina, MedPay is usually a no-fault benefit that can help pay medical bills for an injured passenger regardless of who caused the crash,…
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What information does my attorney need to provide to a health plan recovery company to open or locate a file for my accident? — Durham, nc
In North Carolina, a health plan recovery company usually needs enough identifiers to (1) confirm the person is a covered member and (2) match the…
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What happens if the insurer initially opens the claim under the wrong coverage type? — Durham, nc
If an insurer opens a North Carolina injury claim under the wrong coverage type (for example, MedPay instead of liability bodily injury), it can…
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What happens if MedPay was reported on the claim but the policy shows it was never purchased? — Durham, nc
In North Carolina, Medical Payments coverage (often called “MedPay”) is typically optional. If the declarations page and policy do not show MedPay…
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What does it mean if my auto insurance policy doesn’t include MedPay coverage? — Durham, nc
Updated: February 2026 N.C. Gen. Stat. § 20-279.21 changed effective July 1, 2025. Under the prior rule, underinsured motorist (UIM) coverage…
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If there’s no MedPay on the policy, what other insurance can help pay my medical bills after a crash? — Durham, nc
If there is no Medical Payments (MedPay) coverage, medical bills after a North Carolina crash are often paid (at least at first) through other…
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How do I get an insurance claim changed from MedPay to liability bodily injury coverage after a bus accident? — Durham, nc
In North Carolina, MedPay and liability bodily injury are handled as different parts of a claim: MedPay is typically a no-fault medical-benefits…
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How do I find out whether my health insurance has opened a reimbursement claim after my car accident settlement? — Durham, NC
In North Carolina, the most reliable way to confirm whether your health insurance has opened a reimbursement (sometimes called “subrogation”) file is…
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How do I confirm what coverages are actually on the policy that applies to my accident? — Durham, nc
In North Carolina, the most reliable way to confirm what coverages apply is to get the policy declarations page (often called the “dec page”) and the…
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Can my settlement be delayed or reduced because of a health insurance reimbursement claim related to the accident? — Durham, NC
Yes. In North Carolina, a health plan (or its recovery vendor) may assert a reimbursement/subrogation claim for accident-related medical bills it…
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What should I do if I can’t remember the exact emergency room I was taken to after the crash? — Durham, nc
In North Carolina, it is common to forget the exact emergency room after a crash—especially when an ambulance is involved. The fastest way to…
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How long after I e-sign the settlement statement will the settlement check be sent out? — Durham, nc
In most North Carolina personal injury settlements, a law firm can send the client’s settlement check only after (1) the signed settlement paperwork…
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How can I prove the driver was at fault when I was hit while riding my bicycle? — Durham, NC
In North Carolina, proving a driver was at fault in a bicycle crash usually means showing the driver broke a safety rule (like unsafe passing or an…
