Saturday, October 13, 2018
If you are injured as a passenger in a car accident, it can be confusing and aggravating determining whose insurance coverage is responsible for paying your medical bills and other expenses from the auto accident.
Filing a claim against the at-fault driver’s insurance.
The first thing to do is to determine who was at fault.If the driver who hit the vehicle you were riding in was at-fault, that driver’s insurance is liable. Often, the accident report will allow you to figure out who was at-fault. If your car accident occurred in Raleigh, Cary, Wake Forest, or on a NC highway, your crash reports should be available online. You should have been provided an insurance exchange form at the scene of the accident so that you can file your claim. If not, the driver of the vehicle you were in should have received one.
If the at-fault driver does not have enough insurance to cover your injuries, you will need to determine if the driver of the car you were in has additional coverage under their Underinsured Motorist coverage. If they do, file a claim against their insurance. This should not make their insurance increase because they were not at-fault for the accident. If they do not have additional coverage, you should look to your auto insurance policy to determine what Uninsured Motorist coverage you have.
If the driver of your vehicle was at-fault.
If the driver of the car you were in was at-fault in the accident, their insurance is liable. Even though it may be your friend’s insurance, you will need to file a claim against it. For what it’s worth, their insurance will likely go up regardless of whether you file your claim or not, since the points will be for having an at-fault accident, not for how many insurance claims are made. Therefore, you’re probably not doing them any favors by not filing it, you’re only hurting yourself.
Again, if their insurance does not have sufficient coverage, the Underinsured Motorist coverage on your auto insurance may have additional coverage. Similarly, your auto insurance should not increase from filing this claim because you did not cause the accident.
Friday, October 5, 2018
Let’s face it; many people have preconceived notions regarding motorcyclists and motorcycle crashes. This includes insurance companies and insurance adjusters who review motorcycle accident claims. Motorcyclists will often be blamed for the crash under the incorrect assumption that riding a motorcycle is inherently dangerous. This is especially so for motorcycle accidents occurring in North Carolina because our state follows the doctrine of contributory negligence which bars recovery by a motorcyclist or driver who is partially at fault for an accident. Thus, if the insurance company can point to anything that the motorcycle driver did that contributed to the accident, they can try to deny the claim.
Often, the insurance company will attempt to obtain a statement from the motorcyclist immediately after the accident, before the rider obtains an attorney. Since the insurance companies handle these claims every day, they know exactly what questions to ask and how to ask them so that they can deny the claim. As a result, it is extremely important for motorcyclist involved in an accident to seek attorney representation immediately after a motorcycle accident. A Raleigh motorcycle accident attorney will explain your rights and preserve your claim so that you are properly compensated for your injuries. If you are involved in a motorcycle crash in Raleigh, Fayetteville, Durham, or anywhere in North Carolina, call Hemmings & Stevens today for a free consultation.
Common Injuries from Motorcycle Crashes
- Traumatic Brain Injury
- Head Injury
- Brain Damage
- Broken bones
- Neck injuries
- Wrongful Death
- Back Injuries
- Road Rash
Hemmings & Stevens Motorcycle Accident Attorney Representation
Our skilled litigators will handle your claim from beginning to end. You will work directly with an attorney through the entire process. You will not be handed off to a paralegal. If you are involved in a motorcycle accident, call Hemmings & Stevens today before you speak to the insurance companies.
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