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Accident Q&A series

  1. Can I hire a lawyer for a personal injury claim after initially trying to handle it myself? — Durham, NC

    Yes. You may hire a lawyer after starting a North Carolina personal injury claim on your own, provided an attorney agrees to take the case. However,…

  2. Can I electronically sign a medical-records release form instead of printing it? — Durham, NC

    Usually, yes—an electronic signature may be valid under North Carolina law if the records holder accepts electronic transactions and the signature…

  3. Can I challenge insurance records that are causing higher out-of-pocket charges for my medical care? — Durham, NC

    Yes. You can dispute inaccurate hospital billing information, insurance claim records, payment coding, or coordination-of-benefits information that…

  4. Can a personal injury claim be resolved for the insurer’s final settlement offer? — Durham, NC

    Yes. A North Carolina personal injury claim can generally be resolved for the amount described as the insurer’s final settlement offer when the…

  5. Can a household member’s car insurance provide underinsured motorist coverage if I was an uninsured passenger? — Durham, NC

    Possibly, but sharing a home with someone who has car insurance does not, by itself, make you insured under that policy. North Carolina law generally…

  6. Why might an insurer receive notice of a lien before the injured person's attorney? — Durham, NC

    An insurer may receive lien notice first because health plans, government benefit programs, medical providers, and recovery vendors often use…

  7. What should I do if the accident report separated the people involved and delayed access to the other driver's insurance information? — Durham, NC

    Request the complete crash report, including every continuation or supplemental page, and contact the investigating agency about missing or unclear…

  8. What should I do if I was initially told there was no lien but a lien was later asserted? — Durham, NC

    Do not assume either notice is final. Ask for the later claim in writing, an itemized payment history, the legal or plan language supporting…

  9. What medical records are needed before an insurance demand can be submitted? — Durham, NC

    An insurance demand can sometimes be submitted before every record is available, but it is usually better to obtain complete records and itemized…

  10. What information is needed to open a subrogation file after a rear-end collision? — Durham, NC

    To open a health-plan subrogation file, you usually need the injured person’s plan information, collision details, injury-related treatment…

  11. What information does my insurer review when deciding an underinsured motorist claim? — Durham, NC

    Your insurer usually reviews coverage, fault, the at-fault driver’s insurance limits, medical evidence, financial losses, and whether the crash…

  12. What happens when an insurance company makes its final settlement offer? — Durham, NC

    A final settlement offer usually means the insurance company says it will not voluntarily increase its current offer. You may accept it, ask the…

  13. What happens if the insurance company's final offer is below the minimum amount I authorized? — Durham, NC

    Your attorney generally should not accept an insurance offer below the minimum amount you authorized unless you give new approval. The insurer’s use…

  14. What happens if I reject an insurance company's final settlement offer and seek greater compensation? — Durham, NC

    You may reject the offer and continue seeking greater compensation, but a higher payment is not guaranteed. The insurer may reconsider, stand by its…

  15. What happens after I approve the medical bills and records for a personal injury demand? — Durham, NC

    After you approve the medical bills and records, the demand package is usually finalized and sent to the insurance adjuster for review. The insurer…

  16. What evidence should I preserve if the store prepared an incident report after my child's fall? — Durham, NC

    Preserve more than the store's incident report. Save photographs, video, witness information, receipts, clothing and footwear, medical records,…

  17. What evidence can show that a store knew or should have known about water on the floor? — Durham, NC

    Evidence may show that an employee created or saw the water, someone reported it, or the water remained long enough that a reasonable inspection…

  18. What does a negative self-pay balance on a medical statement mean? — Durham, NC

    A negative self-pay balance usually means the medical provider’s system shows a credit in the patient-responsibility portion of the account, rather…

  19. Should I sign a settlement release before my underinsured motorist claim is resolved? — Durham, NC

    Usually, you should not sign the at-fault insurer’s settlement release until the required underinsured motorist notice process has been completed and…

  20. Should I provide information or a statement directly to the store's insurance company? — Durham, NC

    You may provide basic contact and claim information, but consider getting legal advice before giving the store’s insurer a detailed or recorded…

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