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North Carolina Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for North Carolina on
Q: If I back into a parked car in NC but the car is parked illegally am I totally at fault?
Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

You backed into it--I'm not hearing it was moving. If you hadn't backed up then no crash so.....looks like it's on you.

1 Answer | Asked in Car Accidents for North Carolina on
Q: Who is liable if they hit an illegally parked car in North Carolina?
Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

Usually the hitter. The person moving has to keep an eye out for stationary objects, even if they are parked where they shouldn't be.

1 Answer | Asked in Car Accidents and Traffic Tickets for North Carolina on
Q: I got a ticket for driving with bad tags, well the car was wrecked and is a loss so what do i do now that the car isn’t

Drivable

Kristen Dewar
Kristen Dewar
answered on Jan 4, 2018

Get a letter from your insurance company or mechanic stating that the car is a write-off and has been junked, and present that letter in court. The ticket will likely be dismissed if you can present this kind of documentation.

1 Answer | Asked in Car Accidents for North Carolina on
Q: I wrecked my car in the snow while going back to work I told them it was bad and they made me feel like I had to come .

We had a bad snowstorm while I was at work I told my bosses that it was getting bad outside we went to lunch and I called them and told them that the roads were really bad they made me feel as if I had to come back to work on my way back from lunch I actually wrecked my car do I have a claim... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2018

No. You didn't have to go out for lunch--could have brought a sandwich. You knowingly encountered the risk.

2 Answers | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: I have 2 tickets for same issue. One court date is Jan 4 and other is Jan 24. Is there a way i can post pone the 1st

Received ticket for expired tags in nov. Before could pay for inspection was in a wreck and they gave me another ticket for expired tags. Right now my car is at the body shop I don't even know if I'm getting it back because they're talking about total lossing it.i won't be able... View More

Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

You need to go to both court dates. When you miss court, the Court usually issues a Failure to Appear - and depending on the severity of the charge, an Order for Arrest could also be issued. A Failure to Appear notification gets sent to the DMV, which will indefinitely suspend your driving... View More

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1 Answer | Asked in Car Accidents, Personal Injury and Social Security for North Carolina on
Q: would like to know some keywords that the administrative board looks for when approving benefit determinations

i have been denied twice. now i am at the stage of "request for hearing by administrative law judge"

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2017

basically don't focus on key words --you need to look at the medical records they have. Your medical records need to show that you have a disabling condition and the reasons why that is. This would be usually in the medical records but most often in a letter from a doctor that discusses why... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for North Carolina on
Q: I was involved in a car accident where my brakes failed. I was given a citation for failure to stop.

My car was totaled and no longer drive-able, I was told if I could produce a document from my car insurance saying they paid damages for the other car, I might be able to get out of this, is that a possibility?

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yes, that's possible. Contact your insurance company and ask them for a letter stating that they are taking financial responsibility for the property damage. The State will likely dismiss the case against you once you produce that letter at your court date.

1 Answer | Asked in Car Accidents and Criminal Law for North Carolina on
Q: If you and another person has to take papers out on someone for unauthorized use of MV.

Does the other person have to be there to drop the charges on the individual?

Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

Sounds like you sought out a private warrant against someone else. Generally, once you do that, it's no longer up to you to "drop" the charges against that person: it is within the discretion of the District Attorney's Office if they will dismiss the case.

1 Answer | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: Who has right of way in intersection?

One car is @ full stop @ stop sign with right turn signal on. One car is across median in left turn lane with left turn signal on. Car turning left actually intends U-turn.

Amanda Bowden Johnson
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answered on Nov 15, 2017

Typically who ever gets to their respective stop sign first has the right of way. However, in the scenario you describe, right of way is likely moot because if the two cars execute their indicated turns properly there should be no contact even if the cars start at the same time.

1 Answer | Asked in Car Accidents and Wrongful Death for North Carolina on
Q: daughter died in a car accident 9/16/17 in Rock Hill SC. there is no will. Can I file to be here executor?

my daughter is divorced, and not married anymore. She was killed in Rock Hill SC, but lived in Charlotte NC. I just want to clear everything that pertains to her. her Ex husband has their three Kids which is not an issue, but to handle her affairs I want to know what I need to do to be the... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

I'm sorry to hear about her loss. If she was not at fault in the wreck there may be a "crashworthiness " case. You should consult a member of the SC Assn for Justice such as Carl Jacobson in Charleston. He givers free consultations. The estate would be in N.C.

1 Answer | Asked in Civil Litigation and Car Accidents for North Carolina on
Q: How big a liability for a company is it for an unlicensed driver to wreck while driving a company truck?

Injuring another driver.

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Depends on the injuries. It is an aggravating factor but the injuries are what they are.Bigger issue may be their insurance rates if they knew driver wasn't licensed.

2 Answers | Asked in Legal Malpractice, Car Accidents, DUI / DWI and Juvenile Law for North Carolina on
Q: My 20 year old son was knowingly allowed to enter a bar being marked as over 21 the legal drinking age. After he left

The bar he was involved in head on collision and was arrested for DWI I'm curious can any charges be made against the bar since his friend let him in. His friend is an employee of the establishment so he is their responsibility

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2017

Others injured or killed have the best claims. Your son willingly participated.

To get additional information, look at Super Lawyers, for NC personal injury attorneys in your town or the closest big city. Ask for guidance.

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1 Answer | Asked in Contracts, Personal Injury, Business Law and Car Accidents for North Carolina on
Q: If I'm paying my vehicle off 11 months early am I legally obligated to pay the interest of the full term

The vehicle was 3500 cash he agreed to finance it for one year with 1500 down after a month I made my first payment of 300 the next day I was hit insurance has totaled the vehicle he is saying the payoff is 3300 after financing it for a year it would have been 5100 at $300 a month however I've... View More

Paige Kurtz
Paige Kurtz
answered on Jun 22, 2017

If there is a written contract, then the terms of the contract govern what you must pay. Typically lender contracts have clauses that cover early payment. If this is just an individual, then it is the terms that you agreed to whether in writing or verbal. If you did not agree to pay interest for... View More

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: I was involved in an accident with U-Haul with me and my children and have a few questions I would like to have asked.

A rep came to my house yesterday without contacting me no email, no call, or anything and wanted me to sign some paperwork. To pretty much say that I lied about the accident and that I new the individual who drove the U-Haul truck.

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

You want to contact a member of the Trial Lawyers Assn or Assn for Justice of the state where the injury happened. Do not make statements or agree to anything until you've done that.

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and Wrongful Death for North Carolina on
Q: Can someone be charged if they got from under the steerin wheel allowed a drunk person to drive which resulted in death

The person was driving the drunk person around in the drunk persons vehicle for hours then after promising family he wouldn't let him drive got out and left him to drive himself

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for North Carolina on
Q: Drunk driving hit and run question

I have a friend that was drunk driving and crashed by herself. Nobody was hurt. She left the scene and went home. When the cops eventually showed up to her house she said that her car was stolen and it was not her. What is the likelihood of her getting away with this and if not, what would the... View More

Amanda Bowden Johnson
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answered on May 18, 2017

Had she kept her mouth shut and exercised her constitutional right not to talk to law enforcement, her odds would have been outstanding. However, since she stupidly decided to talk to law enforcement and on top of that decided to lie - she will now likely get convicted. Oh, and BTW, you getting... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for North Carolina on
Q: Can you get in trouble for getting out of a vehicle allowing a intoxicated person to drive them self?

If you have been driving the person around who is clearly to intoxicated to drive in their own vehicle and you then get out and allow them to drive their self i and they get in a wreck and die in the state of nc can you get in trouble

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

Need more facts.If you are that person you need to a)stay off of social media including this website b) don't discuss any of this on social media--in fact ask to have this taken down c)consult an attorney immediately.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Contracts for North Carolina on
Q: Subrogation claim after uninsured car accident?

I was in a car accident after my girlfriend knowingly let me drive it. The car was uninsured and unregistered at the time. But now the other drivers insurance company is trying to suspend the drivers licenses of both my girlfriend and I. She got me to sign a document stating i would both pay her... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2017

If the her is your girlfriend, then you can go legal or realism. Realism is if you don't have the money now you won't be able to pay her back. Secondly, has the case gone to judgment? Depending on the amounts bankruptcy is an option. Another issue is what you got for signing it. If it... View More

1 Answer | Asked in Car Accidents for North Carolina on
Q: I've gotten into a car accident in my company van. I was driving without a licence, and the van was not inspected.

I was told that the van has no insurance. I need advice on how I should handle this situation and what I should prepare for. Please help.

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

Not sure if you mean a company you own or a company that hires you. If there is no insurance on the vehicle and you have none, your license could be suspended, for starters. You would be responsible for the other person's injuries. Worth getting a consultation from a lawyer.

1 Answer | Asked in Car Accidents and Civil Litigation for North Carolina on
Q: Would a driver operating a car without a license plate be liable for a collision if not at fault for the collision?

NC GS states specifically that a car must be registered before operating it on the highway. And that it's unlawful to operate a vehicle without license plate.

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

No. Them not having a license doesn't mean it's open season. They should contact a member of the NC Assn for Justice--they give free consults.

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