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North Carolina Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for North Carolina on
Q: Failure to yield right of way while making a left turn to a car engaged in an unlawful maneuver. Is this negligence?

My husband was hit by a car passing to the right of cars stopped at an intersection on a one lane road as he was making a left turn. He was found to be partially negligent. Does the right of way rule apply to a car engaged in making an unlawful maneuver?

Bill Powers
PREMIUM
Bill Powers
answered on Aug 7, 2018

That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.

North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: What are requirements for a malpractice suite?
Bill Powers
PREMIUM
Bill Powers
answered on Aug 6, 2018

Depends on the type of case. In North Carolina, there are VERY STRICT filing requirements and deadlines for claims of Medical Negligence.

Introduction to Rule 9(j). In 1995, the North Carolina General Assembly created Rule 9(j) of the North Carolina Rules of Civil Procedure to require...
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1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
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... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 19, 2018

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... View More

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: How long do I have to file a lawsuit for injuries caused by a car accident in NC?
Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

The statute of limitations on a personal injury claim is 3 ys in NC.

2 Answers | Asked in Car Accidents for North Carolina on
Q: I’m 15 and just tapped the back of another car in a parking lot? We left a note but what should we do when thy call?

Is my insurance going to go way up?

Bill Powers
PREMIUM
Bill Powers
answered on Jun 29, 2018

GREAT QUESTION

Given your age, probably best to have your parent/guardian handle the issue.

A LOT depends on the damage(s), if any.

There are special considerations for provisional licensees. Your parent/guardian may wish to also speak with an attorney.

Bill...
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1 Answer | Asked in Car Accidents for North Carolina on
Q: why would a lawyer want 1,600 up front instead of taking it out of a settlement from an accident?

the lawyer filed a demand letter to the insurance company and now he is wanting to charge $1,600 just to sue the other party that caused the accident in the first place

Bill Powers
PREMIUM
Bill Powers
answered on Jun 21, 2018

Probably best to ask the lawyer. There are times when a pure contingency fee doesn't make sense.

One would have to think the lawyer gave the reasons / reasoning.

Talk to your lawyer.

bill

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: Should I give the other persons car insurance permission to release my car to them after a bad car accident?

Over the week I was involved in a car accident. The other person involved is 100% responsible. I ended up calling her insurance company to file a claim. Now I have her insurance company contacting me to give them permission to release my car to them. Should I speak with a lawyer first & let... View More

Bill Powers
PREMIUM
Bill Powers
answered on May 14, 2018

GOOD QUESTION

Talking to a lawyer, at least to get general information about how to proceed, is a good idea. Many, if not most, "personal injury" lawyers in NC give a FREE CONSULTATION. I put "personal injury" in quotes because an important consideration is whether...
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1 Answer | Asked in Car Accidents, Civil Litigation and Wrongful Death for North Carolina on
Q: I noticed that Jeep has had recalls on suspension issues. is the 2002 Jeep Grand Cheroke part?

we owned this vehicle for several years then gave it to my niece and she had it for about 6 months before the accident. Somehow control of the vehicle was lost and flipped over down into a ditch and exploded into flames. My niece's body was burned so bad they had to take dental records to... View More

Bill Powers
PREMIUM
Bill Powers
answered on May 14, 2018

First, sorry for your loss. That’s such a terrible tragedy.

Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.

As such, BEST thing to do is contact an attorney immediately.

Agai,...
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1 Answer | Asked in Car Accidents and Traffic Tickets for North Carolina on
Q: a car hit me from behind , I have a ticket for driving with expired license but the paper had aunts name on it and info
Peter N. Munsing
Peter N. Munsing
answered on Apr 16, 2018

Was your license expired? Then pay the fine and get a new license. Other guy is still at fault if they hit you from behind. If you were hurt contact a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Car Accidents for North Carolina on
Q: My daughter was just in a car accident. She pulled out in front of someone. She has to go to court. What will happen?
Bill Powers
PREMIUM
Bill Powers
answered on Apr 7, 2018

That's a REALLY good question. It happens all the time in NC.

Taylorsville is in Alexander County. The DA's Office responsible for prosecuting criminal cases in that part of the state is based in Iredell County / Statesville.

Obviously the factual scenario behind the...
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1 Answer | Asked in Car Accidents for North Carolina on
Q: I was in accident on my job he filed it on his insurance

He is slow about calling them and admitting guilt

Peter N. Munsing
Peter N. Munsing
answered on Apr 4, 2018

Not sure who he is but consult a member of the NC Assn for Justice who handles workers comp claims--they give free consultations.

1 Answer | Asked in Car Accidents and Insurance Defense for North Carolina on
Q: Auto insurance covering car fire after auto work done to car..

My small daughter and I were just involved in a car fire. My car had recently had a new transmission installed. after the fire I was looking at reasons why the fire could have started.. I found a recall I had not heard of before. I don’t believe it was the new transmission. Well I really hope... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 4, 2018

Your insurance covers the fire pretty much regardless of cause (i.e. won't cover it if caused by war, nuclear plant meltdown and other exceptions). Talk to your agent and don't get into who did what unless asked, Keep it simple. Car caught fire. Why I don't know. That's it.

1 Answer | Asked in Car Accidents for North Carolina on
Q: I was involved in an accident and it was not my fault they charge the lady with illegal passing but I have three points

I have three points on my CDL how was I given points in the accident was not my fault and how do I get the points off my license

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2018

You get points with a citation. You need to find out what the citation was for and when it was issued, for what court. Go to that court and see what was filed.. My experience is that sometimes people get citations when they have a license with an old address, citation goes to the old address, they... View More

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: A visually impaired driver has a car accident. Who is liable if their doctor never informed they should not drive?
Peter N. Munsing
Peter N. Munsing
answered on Mar 13, 2018

Depends on whose fault the wreck was. If it was their fault they are, their Doctor may have some liability unless the vision was correctable. If doctor said get glasses, they don't --not the doctor's fault.

1 Answer | Asked in Car Accidents for North Carolina on
Q: In a three-car accident where only two cars were damaged in the third car was unaware and drove away who's responsible

There are three different police report stating three different facts

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Can't tell without seeing the three. The report the police repair usually will sway the insurance companies. But I just settled a similar case and much depends on the surroundings and where the damage is and other things. Contact a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Car Accidents for North Carolina on
Q: Truck changed lanes in front of me.i lost control of my car&ran off road. No vehicle contact. Who's at fault
Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

If you were hurt, contact a member of the NC Assn for Justice. Do not give recorded statements. A lot depends on if you have collsiion & uninsured motorist coverage (unless you can ID the truck). Basically if he came in suddenly but left enough space and you freaked out, on you; if he was so... View More

1 Answer | Asked in Car Accidents for North Carolina on
Q: My spouse received a settlement after an accident. Am I entitled to half?i

Too about 2 years

Peter N. Munsing
Peter N. Munsing
answered on Feb 20, 2018

Depends on the law of your state. Most states no, especially if you were separated or things were rocky.

1 Answer | Asked in Car Accidents for North Carolina on
Q: in North Carolina does the hospital have to notify you before placing a medical lien from a car accident
Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

Depends--did they get a judgment? Contact a member of the NC Assn for justice--they give free consults.

1 Answer | Asked in Car Accidents and Wrongful Death for North Carolina on
Q: What is the status of filing a wrongful death suit against a automobile company that take place over 33 years ago in NC
Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

If the death was 33 years ago a)it's past the statute of limitations b) it's way too long to prove a product defect. Contact some lawyers down there if that gives you closure.

1 Answer | Asked in Car Accidents and Traffic Tickets for North Carolina on
Q: My girlfriend wrecked my car after lending it to her, I received a ticket and was not even there? Is this legal?

She went to the bar with some friends which I had no idea she was doing and left intoxicated, she flipped my car and hit two mailboxes. She not only received a ticket from the officer but so did I? How is this legal?

Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

I need more information, like what were you charged with on your citation?

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