Firm news
Accident Q&A series
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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…
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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…
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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…
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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…
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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…
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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…
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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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Who is responsible for resolving a public health benefits lien against settlement proceeds? — Durham, NC
The injured beneficiary and, when represented, the attorney handling the settlement generally share responsibility for making sure a public health…
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Who can respond to a personal injury demand if the assigned insurance adjuster is unavailable? — Durham, NC
A backup adjuster, claims supervisor, team lead, claims manager, or another insurance representative with authority over the file may respond when…
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Which insurance company handles a claim involving a bus and a privately owned vehicle? — Durham, NC
The correct insurance company depends on who caused the collision, who owned and operated each vehicle, whether the private vehicle was rented, and…
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What should I do if police responded to the accident but did not prepare an official crash report? — Durham, NC
Contact the responding agency to confirm whether a report is pending, was classified as unnecessary, or exists under a different incident number. A…
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What paperwork must be completed after both sides agree to settle an injury claim? — Durham, NC
After both sides agree to settle an injury claim, the claimant usually signs a written release, confirms any required payment instructions, and…
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What options does my spouse have if the insurance settlement offer does not adequately cover the injuries and surgeries? — Durham, NC
Your spouse does not have to accept an inadequate settlement offer. Before signing a release, your spouse may document the full extent of the…
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What options do I have for paying accident-related medical bills if my policy does not include first-party coverage? — Durham, NC
You may be able to use health insurance, arrange payments directly with medical providers, identify other potentially available coverage, or seek…
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What medical records should my spouse preserve after receiving hospital, surgical, and chiropractic treatment? — Durham, NC
Your spouse should preserve the complete medical chart and separate billing records from every provider involved, including ambulance, hospital,…
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What injuries and medical concerns has the claimant reported? — Durham, NC
The claimant has reported rib, shoulder, neck, and lower-back injuries after a vehicle accident and is still receiving treatment. The available facts…
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What information can help identify the correct insurance coverage after a car accident? — Durham, NC
The most useful information includes the vehicle identification number, license plate, registered owner’s full name, driver’s identifying…
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What information can an insurer use to find coverage when the driver and vehicle owner are different people? — Durham, NC
An insurer may search for coverage using information about both the driver and the vehicle owner, including their full names, addresses, driver’s…
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What happens when I sign a release accepting a policy-limits settlement? — Durham, NC
Signing a settlement release usually ends your injury claim against the people, companies, and insurers named in the document, even if another…
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What happens to accident-related health insurance claims when I sign a settlement release? — Durham, NC
Signing a settlement release usually ends your right to seek additional accident compensation from the parties named in the release, but it does not…
