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Accident Q&A series

  1. How can I file a car accident claim if I do not have the other driver's insurance policy number? — Durham, NC

    You can usually start a car accident claim without the other driver’s policy number by giving the insurer enough information to identify the driver,…

  2. How can I authorize access to emergency response reports after my spouse died in an accident? — Durham, NC

    For confidential EMS medical records, you can usually authorize access by signing a properly completed medical-records release in the legal capacity…

  3. Does learning about unpaid accident-related medical bills later affect the deadline for bringing an injury claim? — Durham, NC

    Usually, no. Under North Carolina law, later discovering that accident-related medical bills remain unpaid generally does not restart or extend the…

  4. Do I need to respond when I receive a letter about a settlement lien? — Durham, NC

    Yes, you should review and address a settlement-lien letter rather than ignore it. The letter may request information, identify payments a public…

  5. Do I need a medical referral before starting physical therapy for accident injuries? — Durham, NC

    Usually, North Carolina law does not require you to obtain a medical referral before a licensed physical therapist evaluates and treats an…

  6. Can valid hospital or health insurance liens be reduced before my settlement is distributed? — Durham, NC

    Yes. A valid hospital lien or health plan reimbursement claim may sometimes be reduced through a North Carolina statutory limit, a proportional…

  7. Can the at-fault party's insurer be required to reimburse health coverage that paid for my accident treatment? — Durham, NC

    Yes, in some cases the at-fault party’s insurer may have to account for payments made by Medicare, Medicaid, the North Carolina State Health Plan, or…

  8. Can receiving chiropractic care and physical therapy at the same time affect my injury claim? — Durham, NC

    Yes, receiving chiropractic care and physical therapy at the same time can affect your injury claim, but overlapping treatment does not automatically…

  9. Can my spouse pursue workers' compensation benefits and a claim against the other driver? — Durham, NC

    Yes, your spouse may be able to pursue both North Carolina workers’ compensation benefits and a personal injury claim against the other driver. The…

  10. Can my spouse pursue a car accident injury claim if the crash happened while working? — Durham, NC

    Yes. If another driver caused the crash, your spouse may be able to pursue a personal injury claim even though the collision happened while your…

  11. Can my spouse file a lawsuit if the insurance company will not make an acceptable settlement offer? — Durham, NC

    Yes. If your injured spouse has not signed a binding release and the filing deadline has not expired, your spouse may be able to sue the person or…

  12. Can my spouse bring a personal injury claim after being struck by a vehicle while walking? — Durham, NC

    Yes. Your spouse may bring a North Carolina personal injury claim if the driver’s negligence caused the pedestrian collision and resulting injuries.…

  13. Can my auto insurer settle another driver's injury claim if I believe I was not at fault? — Durham, NC

    Yes. Many auto policies allow the insurer to investigate and settle a covered claim when it considers settlement appropriate, even if its insured…

  14. Can lost income from missing work after the accident be included in the claim? — Durham, NC

    Yes. A North Carolina personal injury claim may include income lost because accident-related injuries kept the injured person from working.…

  15. Can I still pursue the at-fault party if they agreed to pay my medical bills but never paid them? — Durham, NC

    Possibly, but an agreement to pay medical bills does not automatically preserve an expired personal injury claim. North Carolina generally applies a…

  16. Can I seek compensation for emotional distress after a car accident if I have no diagnosed physical injury? — Durham, NC

    Yes, North Carolina law may allow an emotional distress claim without a diagnosed physical injury, but the distress generally must be severe rather…

  17. Can I recover lost wages if emotional distress caused me to miss work after a collision? — Durham, NC

    Possibly. North Carolina does not always require a physical injury for a person to recover damages caused by severe emotional distress, and proven…

  18. Can I pursue a property damage claim for a rental car if I was not physically injured? — Durham, NC

    Yes. A North Carolina property damage claim does not require a physical injury, but the rental company usually owns the vehicle and may control the…

  19. Can I pursue a claim if the driver was not the registered owner of the vehicle? — Durham, NC

    Yes. A North Carolina injury claim may be pursued against a negligent driver even when that person did not own the vehicle. Ownership still matters…

  20. Can I open an accident claim without the other vehicle's policy number? — Durham, NC

    Yes. You can often report a North Carolina accident and begin the claim process without the other vehicle’s policy number if you have enough…

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