Firm news
Accident Q&A series
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Can I reject an insurance company's initial settlement offer and negotiate for more?
Yes. You generally may reject an insurance company’s initial settlement offer and make a supported counteroffer.
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Can I make an underinsured motorist claim under my auto policy if I was injured as a pedestrian?
Yes, potentially. In North Carolina, underinsured motorist coverage may protect a named insured and certain household family members while they are walking,…
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Can I make a diminished value claim if my newer vehicle was rear-ended while stopped at a red light?
Yes, you may be able to make a diminished value claim if the collision caused your newer vehicle to be worth less even after proper repairs.
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Can I challenge another driver's insurance company if I believe both drivers shared fault for the accident?
Yes. You can dispute the insurer’s claim by presenting evidence that its insured driver helped cause the collision.
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Can an insurer increase its injury settlement offer after receiving a counteroffer?
Yes. An insurer may increase its injury settlement offer after receiving a counteroffer, but it is not required to do so.
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Can an insurance company resolve my injury claim before the other injured people submit their claims?
Yes. A North Carolina auto insurer may sometimes settle one injured person’s claim before every other claimant submits a demand.
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Can an insurance company reduce the medical bills it considers when evaluating my injury claim?
Yes. An insurance company may discount or exclude some medical charges when evaluating a North Carolina injury claim, especially if it disputes the amount…
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Can an insurance company limit my lost-wage claim if a medical provider did not formally excuse me from work?
Yes, an insurer may reduce or dispute a lost-wage allowance when no medical provider documented that your injuries prevented you from working.
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Can a policyholder and spouse both receive medical-payments coverage under the same auto policy after a pedestrian accident?
Yes, both may qualify for medical-payments coverage if the North Carolina auto policy included that coverage on the accident date and treats the spouse as an…
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Can a lawyer handle my injury claim while I deal separately with the damage to my vehicle?
Yes. A lawyer may handle your bodily injury claim while you address the vehicle-damage claim yourself, as long as the scope of representation is clearly…
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Which insurance policy is responsible when the at-fault driver was using a relative's vehicle?
The relative’s policy covering the vehicle is usually the first policy to investigate, especially if the owner gave the driver permission to use the vehicle.
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What should I verify before signing a pre-demand medical treatment form?
Before signing, confirm that the form accurately lists every provider, treatment date, accident-related service, and billing source connected to your injury…
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What should I do if a medical provider or treatment visit is missing from the form?
Report the missing provider or treatment visit in writing as soon as possible, even if you already signed the form.
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What photographs and other evidence should I preserve to support my injury claim?
Preserve original photographs of the scene, vehicles, visible injuries, damaged property, and recovery over time, along with medical records, diagnostic…
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What information does my employer need to verify for a lost-wage claim?
Your employer should verify your job, normal schedule, pay rate, exact time missed, and the wages you actually lost.
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What happens when a doctor treats a preexisting condition after a car accident?
Treatment of a preexisting condition may be included in a North Carolina car-accident claim if the collision activated the condition or made it worse.
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What happens if I do not want to settle my car accident claim before completing treatment?
You generally do not have to accept a settlement while you are still receiving care, and the decision to settle belongs to you.
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What evidence can show that my landlord knew about the unsafe floor before I was injured?
Maintenance requests, emails, text messages, portal records, prior inspections, repair estimates, witness statements, and earlier complaints can show that a…
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What documentation confirms that an auto insurance policy does not include medical payments coverage?
The strongest confirmation is a complete copy of the auto policy in effect on the accident date, including its declarations page and every endorsement,…
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What compensation may be available for an injury caused by an unsafe condition in a rental home?
Compensation may include supported medical expenses, lost income, reduced earning ability, pain and suffering, and other losses caused by the unsafe condition.
