Articles Posted in Car Accidents

Representing yourself in a car accident lawsuit is rarely a good idea. Often, personal injury law and insurance law have nuances that laypeople may not know, and you can harm your chances of recovery by going it alone.

In a recent North Carolina appellate case, the court considered an accident in which the defendant drove a car into the plaintiff while he stood in the driveway, causing him to suffer serious injuries. The State charged her with crimes, and she pled guilty to Felony Serious Injury by Vehicle and Driving Left of Center. She was sentenced to 16-29 months in prison. However, once she’d served the mandatory minimum, she was released.

The car owner’s insurer, United Services Automobile Association (USAA), offered the plaintiff a $30,000 settlement based on the policy terms. The plaintiff was disappointed by the settlement offer and the release of the defendant, and he sued. He and his wife represented themselves.

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Insurance coverage can be a significant issue in car accident lawsuits. In a recent North Carolina appellate case, an insurer appealed from the trial court’s order dismissing its complaint. The insurer was authorized and licensed to issue insurance policies in North Carolina. Its insured was insured under a business auto policy. This policy had a limit of $100,000.00 in uninsured motorist (“UM”) and underinsured motorist (“UIM”) coverage through an endorsement. There was also another insured person listed.

The insured was riding as a passenger inside the car owned by the other insured when another driver’s vehicle crossed the center line and crashed into the car. After this, a third vehicle hit the car. Both of the insured people were hurt in the collision and sought medical care. The passenger asserted her medical expenses were more than $58,000, while the driver claimed medical expenses of more than $104,000.00. Five others were also hurt in the accident, but they weren’t involved in the lawsuit.

When the accident happened, the other car was insured under an auto liability insurance policy issued by Integon/GMAC. The policy limits for that policy were $30,000 per person and $60,000 per accident.

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Insurance issues can come up in car accident cases in North Carolina. If your car is hit by someone who is underinsured or uninsured, or a hit and run driver, you may have to turn to your own uninsured motorist coverage. However, this means that you may have an adversarial relationship with your own insurance company.

In Bacon v. Universal Insurance Company, a North Carolina appellate court considered whether a driver’s insurance policy provided him with underinsured motorist coverage. The case arose when the insurer issued an auto insurance policy to the plaintiff, expressly providing liability coverage, as well as medical and uninsured motorist coverage from 2010-2011. The policy included an uninsured motorist coverage endorsement.

In 2011, during the policy period, the plaintiff was seriously hurt in a car accident in which the other driver was found at fault. The other driver’s insurance carrier paid the plaintiff $50,000, which was the full liability coverage available for the claim. After that, the plaintiff submitted an underinsured motorist claim to his own insurer on the ground that the other driver’s insurance was an underinsured motor vehicle under the policy terms. His insurer denied his underinsured motorist claim.

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Recently, in Allmond v. Goodnight, a North Carolina appellate court considered a tragic car accident case involving a public official. The case arose when a highway patrolman was speeding through an intersection and crashed into a car driven by Sandra Allmond, who died at the scene. A child traveling with her suffered severe injuries.

The administrator of the estate, who was also the guardian ad litem for the child, sued the officer both individually and in his official capacity as a patrolman to recover compensatory and punitive damages. He also filed claims against the North Carolina Industrial Commission under the Tort Claims Act, and the cases were consolidated.

The officer moved to dismiss on the ground of public official immunity. This motion was denied, and the officer appealed. On appeal, he argued that the doctrine of public official immunity applied because he was chasing a speeding vehicle when he crashed into the decedent. In an unpublished opinion, the court held that the officer would be immune from liability if he were chasing a speeding car when he crashed into the decedent’s car. It ruled that if the jury determined the officer wasn’t chasing a speeding motorist, the jury would have to decide whether the plaintiffs were entitled to recover their damages.

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Immediately following your Raleigh car accident, you probably weren’t thinking about money (we hope not, anyway). You were seriously injured, dealing with intense pain, and focusing just on recovery. However, once the reality of your situation set in and your medical bills started to accumulate, you probably started to become concerned about how everything was going to be paid for. If the accident was not your fault, figuring out how to cover the costs of your accident should not be put on your shoulders…period.

Various damages may be available after a Raleigh car accident

If we are able to prove that the crash was not your fault, you may be entitled to a variety of damages that could include compensation for things like: