Common Myths About Car Accidents

North Carolina roads see nearly 300,000 car accidents every year. Although the stress and confusion that follow a car accident are normal responses, confusion is not inevitable. The more you understand about how car accident claims work, the easier it will be to assert a successful claim. Following is a list of the top ten myths about car accident claims.

Myth #1: If the other driver receives a ticket, they’re automatically at fault

In North Carolina, receiving a ticket is not proof of liability. All it proves is that the officer who issued the ticket suspected the driver of a traffic violation. Even if the defendant pleaded guilty or if a court convicted them of the violation, in civil court that is only evidence of a violation, not necessarily proof of fault. And even if the defendant did violate a traffic violation, it’s still not proof of liability unless you establish that the violation actually caused the accident that harmed you.

Myth #2: I can sue the at-fault driver’s insurance company directly

In North Carolina, you must sue the at-fault driver, not their insurance company. The insurance company will defend the defendant and pay any judgment or settlement up to policy limits. If policy limits aren’t enough to pay the judgment, the defendant might be liable out of their own pocket. Contrast this with South Carolina, where you can sue the liability insurance company directly.

Myth #3: I can file a lawsuit any time after the accident

You have until the statute of limitations deadline to file a lawsuit. That deadline is generally three years after the accident, although an exception might apply. In a wrongful death case, for example, the three-year statute of limitations clock doesn’t start ticking until the victim’s date of death.

If you haven’t either filed a lawsuit or finalized a settlement by the statute of limitations deadline, your claim’s value will drop to zero. You won’t even be able to negotiate a settlement because without the ability to file a lawsuit, you will have no bargaining power. It is best to pursue your claim long before the statute of limitations deadline is looming

Myth #4: If I’m also at fault, I can still recover partial damages

This is true in 46 states, but it is not true in North Carolina. North Carolina operates the harsh “contributory negligence” rule, whereby the victim forfeits all compensation if they were partly at fault, and even if the defendant was mostly at fault. This is one of the reasons why you need a persuasive car accident lawyer.

Myth #5: The at-fault driver’s insurance will cover my medical bills as they come due

The at-fault driver’s insurance will pay only after the parties reach a settlement or a court issues a verdict or judgment. The timing has nothing to do with the due dates for medical bills. In the interim, the victim might rely on their own health insurance. The victim’s healthcare provider might take a medical lien on the proceeds of any settlement or verdict, even over the victim’s objections. The amount of the lien will be deducted from any settlement.

Myth #6: If I settle my property damage claim, I must accept the bodily injury settlement too

No, you don’t. The property damage claim and the bodily injury claim are separate, and you can choose to resolve them separately. This is just a negotiating issue, and a good car accident lawyer can negotiate a separate settlement for you. Don’t let the insurance adjuster convince you otherwise.

Myth #7: I don’t need a car accident lawyer if I feel fine

Maybe you do and maybe you don’t. The biggest danger is that your “minor” car accident might not turn out to be so minor after all. Some injuries, such as traumatic brain injury, can take days before symptoms appear. If you delay that long to seek medical treatment, your claim could be in jeopardy. And if you take too long to seek a car accident lawyer, you might make critical legal errors that could weaken your claim.

Myth #8: I can’t recover damages if the at-fault driver is uninsured

In North Carolina, uninsured motorist (UM) insurance is a mandatory part of all auto insurance policies. You can use your own UM insurance to pay your damages if the at-fault driver is uninsured.

Underinsured motorist (UIM) insurance, by contrast, is mandatory for an auto insurance policy if you purchase more than the legal minimum coverage (30/60/25).

Myth #9: I can recover for diminished value only if I sell my car

Diminished value refers to the loss in a vehicle’s market value even after repairs. Typically this is because of the car’s history, not its current condition. Diminished value reflects the lower value of the car due to the fact that some potential purchasers will be suspicious of the car’s repair history even if repairs were completely successful. You don’t have to sell your car to qualify for a diminished value claim.

Myth #10: Most car accident cases go to trial

Actually, only a few car accident claims go to trial — most plaintiffs who reach a successful resolution receive an out-of-court settlement. The undesirability of a trial is often the only matter that both sides can agree on. That doesn’t mean you won’t file a lawsuit. Sometimes filing a lawsuit is the best strategy to stimulate a settlement.

You can always withdraw your lawsuit in exchange for an acceptable settlement. The judge is likely to encourage you or even pressure you into a settlement because settlements reduce busy dockets.

Set up a free initial consultation with a Charlotte car accident lawyer

It is impossible for a short article to clarify all existing misconceptions about car accidents, car accident lawyers, and car accident claims. Nevertheless, any improvement in understanding can go a long way if you’re ever involved in a car accident, which is likely. If you suffer an injury or even serious property damage, you probably need legal representation.

Price Petho & Associates are Charlotte, NC car accident lawyers who have been ‘fighting the good fight’ while accumulating over a century of combined experience in assisting people like you. Contact us at your earliest convenience to set up a free initial consultation where we can explore your options together.