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In North Carolina, your first duty, after stopping your car, is to check for injured persons. North Carolina law requires that you render reasonable assistance to any injured person. If someone is seriously injured, try to get a doctor or call an ambulance-whichever is quicker.
Comfort the injured persons, but do not move the person unless you are skilled in said practice. Even good intentions on your part could result in further injury to the person. You may need to transport such a person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or requested by the injured person.
Generally, anyone who renders first aid or emergency assistance at the scene shall not be liable in civil damages for any acts of omissions unless such services amount to reckless, wanton, or intentional wrongdoing. If the accident occurred in a city or town, the appropriate agency is the police department of the city or town.
If the accident occurred outside a city or town, the appropriate agency is the State Highway Patrol or the sheriff’s office or other qualified rural police of the county where the accident occurred.
Absolutely not! Today more than ever, you need effective counsel in order to recover the full value of your claim. Good faith claims handling and outstanding customer service are pledges often made by insurance companies and insurance adjusters. Unfortunately, the reality is often sadly different. Insurance companies will even promise to pay for your medical expenses, and even if by some miracle they make a full payment, which rarely happens, you will still miss out on other types of damages that you may be unaware of.
Today, most insurance companies are publicly held entities with the overriding mandate to their stakeholders to constantly and continuously improve the bottom line at the expense of the injured. More often than not, adjusters will offer low settlements, as they are aware that you do not have recourse and will likely accept it. In doing so, they improve their bottom line and maximize profits.
The insurance adjuster investigating the accident will attempt to determine who is negligent or at-fault. He or she will consider a number of factors, which generally include: police report, pictures of the accident and property damages, witness statements, statements from both drivers, traffic signals sequence reports and other factors.
North Carolina Contributory Negligence Law (See our Blogs for more details) completely bars a driver from collecting any damages if determined to be even 1% at fault. Thus, in essence, if you contribute to an accident in any way, you may not be able to collect on a liability claim. Any disagreement will ultimately have to be resolved in a court of law, which can be extremely costly.
As such, the insurance adjuster will focus hard on finding fault on your part or for any other reason to deny your claim.
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