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Accident Q&A series

  1. How can I recover both regular pay and scheduled overtime that I missed because of my injuries? — Durham, NC

    You may seek compensation for regular wages and overtime that you can show you probably would have earned but for the injuries. Scheduled overtime is…

  2. How can I find new representation after ending my relationship with my previous attorney? — Durham, NC

    You can contact other North Carolina personal injury attorneys, explain that the prior relationship has ended, and ask for a prompt case review. Be…

  3. How can I confirm which health insurer paid my accident-related hospital bill before I accept a settlement? — Durham, NC

    Ask the hospital for a complete itemized bill and payment ledger, then compare it with the explanation of benefits and claim history from every…

  4. Does waiting to seek medical care because of severe weather affect my car accident claim? — Durham, NC

    Yes, a delay in medical care can affect how an insurer evaluates a North Carolina car accident claim, but severe weather may provide a reasonable…

  5. Does a notice to vacate or lease termination affect my right to bring a personal injury claim? — Durham, NC

    No. A landlord’s notice to vacate or decision to terminate a lease generally does not erase a personal injury claim that arose from an unsafe…

  6. Can treatment be included in an injury claim if the medical notes do not connect it to the car accident? — Durham, NC

    Possibly, but medical treatment is not automatically part of a North Carolina car accident claim merely because it occurred after the crash. The…

  7. Can the other driver's insurance refuse to cover windshield damage because a small chip existed before the accident? — Durham, NC

    Yes, the other driver’s insurer may dispute the windshield claim, but a preexisting chip does not automatically excuse it from paying for additional…

  8. Can the insurance company require repairs using non-original vehicle parts? — Durham, NC

    An insurance company may prepare a North Carolina repair estimate using non-original equipment manufacturer parts, but it generally cannot force you…

  9. Can one attorney handle both my spouse's injury claim and the vehicle damage claim? — Durham, NC

    Yes, one attorney can often handle both the bodily injury claim and the vehicle damage claim arising from the same North Carolina collision. However,…

  10. Can my claim include ongoing physical therapy and psychotherapy? — Durham, NC

    Yes. A North Carolina personal injury claim may include reasonable physical therapy and psychotherapy expenses when the treatment is connected to…

  11. Can my auto policy's medical-expense coverage apply to emergency treatment after a collision? — Durham, NC

    Yes. If your North Carolina auto policy includes medical payments coverage, often called MedPay, it may cover accident-related ambulance and…

  12. Can lost wages include work I missed while waiting for mandatory drug-test results? — Durham, NC

    Yes, missed work while waiting for an employer-required drug-test result may be included in a North Carolina personal injury claim if the accident…

  13. Can I seek compensation for back pain and driving anxiety after being rear-ended? — Durham, NC

    Yes. A North Carolina injury claim may include crash-related back pain, reasonable treatment expenses, physical pain, and documented driving anxiety…

  14. Can I hold my landlord responsible for my back injury if the apartment floor collapsed after repeated maintenance requests were ignored? — Durham, NC

    Possibly. North Carolina law requires residential landlords to keep rental premises fit and habitable and identifies unsafe flooring as an imminently…

  15. Can an insurance company contact a represented person directly about a child passenger's separate coverage information? — Durham, NC

    Usually, yes—if the attorney represents the injured driver but does not represent the child passenger, an insurer may contact the driver or parent…

  16. Can an injured passenger use medical payments coverage under the vehicle owner's policy? — Durham, NC

    Yes, an injured passenger may be covered by the vehicle owner’s medical payments coverage if the policy included that coverage on the accident date…

  17. Can an injured passenger seek underinsured motorist coverage when another insurer has accepted liability? — Durham, NC

    Yes, an injured passenger may be able to seek underinsured motorist coverage even when the other driver’s insurer accepts liability. Acceptance of…

  18. Can an accident-related medical payment affect my coverage for a replacement wheelchair or other necessary equipment? — Durham, NC

    Yes, an accident-related payment can affect how insurers coordinate benefits, calculate cost sharing, or process a request for a replacement…

  19. Can a landlord terminate my lease after I report a dangerous condition that later causes an injury? — Durham, NC

    A North Carolina landlord may sometimes terminate a lease after a safety complaint, but the landlord generally cannot use eviction as retaliation for…

  20. Who may be responsible when a vehicle goes around stopped traffic and hits a driver making a left turn? — Durham, NC

    Either driver may be found responsible, depending on the road layout, visibility, signals, speed, and whether the passing vehicle was using a lawful…

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