Q: I wrecked my mom's car after swerving to miss a deer does her insurance have to pay me
I was driving my mother's car with permission. I am 45 years old. I swerved to miss a deer causing the car to flip. I hurt my back and have missed 4 weeks of work due to the accident. However her insurance company recently told me that they were not responsible to pay my medical bills or for any injuries. They said something about first-party insurance? Any advice? I live in North Carolina.
A:
If you own a car and have insurance, that insurance is primary. That only covers your medical bills and lost wages (if wage loss was selected). You don't get to sue anyone because a deer caused it. Unless you can show the deer was a pet deer, and the owner didn't confine it, no person is at fault for that and thus no payment under the liability portions of the policy.
Now if no one is covering medical and wage loss, I suggest you contact a member of the NC Assn for Justice.
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