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        <title><![CDATA[insurance claims - Glover Law Firm]]></title>
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                <title><![CDATA[Common Misconceptions: OBX Accident and Insurance Claims ]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/common-misconceptions-obx-accident-and-insurance-claims/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/common-misconceptions-obx-accident-and-insurance-claims/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Sun, 28 Jan 2024 22:12:23 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[Accident Attorney]]></category>
                
                    <category><![CDATA[danny glover jr]]></category>
                
                    <category><![CDATA[insurance claims]]></category>
                
                    <category><![CDATA[north carolina]]></category>
                
                    <category><![CDATA[OBX Car Accident Lawyers]]></category>
                
                    <category><![CDATA[Outer Banks]]></category>
                
                
                
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                <description><![CDATA[<p>Navigating the aftermath of a wreck, whether that involves a car accident, collision with a semi-truck, or a motorcycle accident, can be a daunting and often complex journey, especially in the unique setting of North Carolina’s Outer Banks. This stretch of OBX barrier islands, known for its scenic beauty and tourist appeal, also brings distinct&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Navigating the aftermath of a wreck, whether that involves a car accident, collision with a semi-truck, or a motorcycle accident, can be a daunting and often complex journey, especially in the unique setting of North Carolina’s Outer Banks. </p>



<p>This stretch of OBX barrier islands, known for its scenic beauty and tourist appeal, also brings distinct challenges regarding accident claims. </p>



<p>The coastal environment of the Outer Banks, coupled with fluctuating seasonal traffic, contributes to a variety of accident scenarios. </p>



<p>Understanding the nuances of accident claims and dealing with insurance adjusters can be crucial for anyone hurt due to the negligence of other drivers. </p>



<p>On the Outer Banks, where roads are frequently bordered by waterways and soft shoulders, car accidents can result in serious, life-altering injuries. </p>



<p>Similarly, trucking accidents, often involving larger vehicles traversing the narrow OBX roads, bring their own set of complexities. Motorcyclists, drawn by the allure of open coastal roads, also face unique risks.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>Each type of accident carries its own legal and procedural subtleties – Danny Glover, OBX Accident Lawyer </em></p>
</blockquote>



<p>Factors such as the nature of the accident, the laws governing vehicle operation in North Carolina, and the impact of coastal weather conditions can all shape the claim process. </p>



<p>Moreover, the emotional and physical toll on your physical and mental well-being cannot be understated after a serious wreck. </p>



<p>For OBX locals and visitors alike, understanding the legal landscape is vital in the event of an accident. </p>



<p class="has-text-align-center"><a href="/personal-injury/motorcycle-accidents/motorcycle-accident-faq/">Motorcycle Accident FAQs</a></p>



<p>This includes knowing your rights, the potential implications of North Carolina’s insurance and personal injury laws, including Contributory Negligence and the Statute of Limitations, and the steps to take immediately following an accident. </p>



<p>While the path to resolution can be intricate, being informed about these processes can help you navigate the complexities confidently. </p>



<p>Our aim is to offer a guiding light through the sometimes murky waters of accident claims in the Outer Banks. </p>



<p>By clearing up common misconceptions and offering insights into some of the specifics of accident claims on the OBX, we hope to provide a resource that empowers you to navigate these challenging situations with better a understanding and preparedness. </p>



<h2 class="wp-block-heading" id="h-misconception-1-you-can-easily-handle-an-insurance-claim-without-a-lawyer">Misconception #1: You Can Easily Handle an Insurance Claim without a lawyer </h2>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2024/01/OBX-accident-lawyers-1-300x300.png" alt="OBX accident lawyers"/></figure></div>


<p><br>Some people try to manage their accident and insurance claims themselves. While it’s possible, doing so without legal guidance often overlooks the intricate nature of the NC personal injury laws, potentially leading to less favorable outcomes. </p>



<p>At first glance, the process of filing an insurance claim may seem straightforward, but the reality is often far more complex. </p>



<p>Navigating the intricacies of legal procedures, insurance negotiations, and, at times, courtroom protocols, can be overwhelming for someone without a legal background. </p>



<p>For instance, understanding the specifics of North Carolina’s <a href="/blog/what-is-contributory-negligence/">contributory negligence law</a>, which can significantly impact the outcome of a claim, is crucial. </p>



<p>The “contrib” law in NC sets forth that if a person is found even slightly responsible for the accident, they may be barred from receiving any compensation.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>The legal pitfalls of Contributory Negligence in North Carolina are not always apparent to the untrained eye and can drastically alter the course of a claim – Danny Glover, Accident Lawyer Outer Banks </em></p>
</blockquote>



<p>Dealing with insurance companies and their adjusters is often a challenging, if not frustrating, aspect of the claims process. </p>



<p>The big insurance companies have their own teams of professionals who are very good at minimizing payouts and denying claims. </p>



<p>They often employ tactics that can be difficult to counter without a thorough understanding of the law and experience in negotiation. </p>



<p>For example, they might offer a quick settlement that seems attractive but fails to fully cover an accident’s long-term costs and impact. </p>



<p>In the unique setting of the Outer Banks, where the nature of the accident could be influenced by coastal conditions, having a full understanding of these factors can prove essential. </p>



<p>It’s easy to overlook the key elements of a claim, leading to a possibly inadequate and/or unfair settlement. </p>



<p>The emotional and physical stress following an accident can impair your ability to make sound, objective decisions. </p>



<p>This stress, coupled with the time-consuming nature of managing a claim, can take a toll on your daily life. </p>



<p>It’s also important to consider the procedural deadlines and documentation required in accident cases and any related insurance claims. </p>



<p>Missing a deadline or failing to properly document injuries and damages can weaken your insurance claim significantly. </p>



<p>While self-representation is a legal right, it’s a good idea to be fully aware of the complexities involved in accident claims after a car accident, motorcycle wreck, or trucking accident on the Outer Banks. </p>



<p>That can be a key aspect of helping ensure that someone hurt due to the negligence of another is fully and fairly compensated. </p>



<h2 class="wp-block-heading" id="h-misconception-2-filing-a-claim-always-leads-to-a-lawsuit-and-litigation-in-court">Misconception #2: Filing a Claim Always Leads to a Lawsuit and Litigation in Court </h2>



<p>A prevalent misconception about filing accident claims, particularly in the realm of car, truck, and motorcycle accidents, is the belief that pursuing a claim inevitably leads to a court battle. </p>



<p>This notion, while understandable, does not accurately reflect the reality of most personal injury cases, especially in the context of North Carolina’s Outer Banks. </p>



<p>In reality, the majority of accident claims are resolved without ever setting foot in a courtroom. </p>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2024/01/OBX-accident-attorneys-1-300x300.png" alt="OBX accident attorneys "/></figure></div>


<p>The process of resolving a claim typically starts with negotiation, a phase where the parties attempt to reach an agreement on the compensation amount. </p>



<p>This negotiation is often conducted between the claimant’s (plaintiff’s) legal representative (the person hurt in the accident) and the insurance company, through their claims adjuster or the insurance company’s defense attorney. </p>



<p>A substantial number of claims negotiations result in an agreeable settlement to both parties, thus eliminating the need for a trial. </p>



<p>Settlements are generally preferred because they can provide a quicker resolution to the claim, allowing those involved to move forward without the prolonged duration and uncertainty of a trial. </p>



<p>However, it’s important to recognize that negotiation requires a careful balancing act. </p>



<p>Insurance companies, while open to settlements, often initially offer compensation that is well below what the claim might be worth. </p>



<p>Accident lawyers may refer to that as a “lowball offer.” </p>



<p>The negotiation process involves back-and-forth communication, where each side presents their arguments and evidence, trying to reach a compromise. </p>



<p>This phase can be intricate and deserves an in-depth understanding of the claim’s value, an area that those unfamiliar with the NC insurance laws and claims process might find challenging. </p>



<p>When negotiations do not yield a satisfactory outcome, the option to go to trial remains. </p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>Your accident attorney should have substantial courtrom experience. If we say ‘we’ll see you in court,’ we mean it – Danny Glover, OBX Lawyer </em></p>
</blockquote>



<p>Yet, this is often a path taken when all other avenues have been exhausted. </p>



<p>Trials are generally more time-consuming, expensive, and unpredictable. </p>



<p>The decision to proceed to court should be made only after careful consideration of all factors involved, including the strength of the evidence, the specifics of the case, and the potential risks and benefits. </p>



<p>It’s also worth noting that in the unique environment of the Outer Banks, factors such as the availability of the plaintiff or the negligent driver to travel back to the OBX for a trial, can impact the dynamics of a claim. </p>



<p>Many different factors can influence the decision-making process of the person wrongfully injured due to someone else’s negligence, the person responsible for the wreck, and their insurance company, affecting whether a case goes to trial. </p>



<p>While the prospect of a court trial is a possibility in accident claims, it is more of an exception than a norm. </p>



<p>We believe the key is to approach the insurance claim process with a clear understanding of your legal rights and options and the various pathways to resolution. </p>



<p>Being well-informed about these processes enables you to navigate the claim with more confidence and less apprehension about the potential of a court trial. </p>



<h2 class="wp-block-heading" id="h-misconception-3-insurance-adjusters-are-looking-out-for-you">Misconception #3:  Insurance Adjusters are Looking Out for You </h2>



<p>Another common misconception in the realm of personal injury claims in North Carolina is the belief that insurance companies will offer full and fair compensation if you’ve been wrongfully injured due to the negligence of their “insured.” </p>



<p>This assumption can lead to the injured party accepting an initial offer without fully understanding their rights or the true value of their claims. </p>



<p>However, it’s crucial to recognize that insurance companies, like any business, aim to minimize their financial outlay. </p>



<p>The first offer made by an insurance company is often a calculated move to close the case quickly and cost-effectively. </p>



<p>These initial proposals may appear attractive, especially to individuals facing mounting medical bills and financial pressures due to their inability to work. </p>



<p>However, “hurry up” offers rarely reflect the full extent of the claimant’s losses and future needs. </p>



<p>Insurance adjusters are skilled negotiators trained to protect the company’s interests. </p>



<p>They may employ various tactics, such as questioning the severity of injuries or suggesting that the claimant was at fault, alleging contributory negligence, even when the facts do not bear such an allegation. </p>



<p>Such strategies are designed to reduce the perceived value of the claim and justify lower settlement offers. </p>



<p>Furthermore, the intricacies of insurance policies and the legal language used in the NC accident laws can be difficult for laypersons to navigate. </p>



<p>Important details regarding coverage limits, exclusions, and clauses related to specific types of injuries or accidents can significantly impact the compensation received. </p>



<p>Without a thorough understanding of these details, claimants might overlook aspects of their claim that could increase their compensation. </p>



<p>Additionally, insurance companies often delay the processing of claims, hoping that the financial strain will compel claimants to settle for less. </p>



<p>This delay tactic can be particularly challenging for those who need immediate financial support to cover medical expenses and lost wages. </p>



<p>Another important aspect to consider is the calculation of non-economic damages, such as pain and suffering or emotional distress. </p>



<p>These damages are subjective and not easily quantifiable, making them challenging to negotiate without a substantial understanding of how they are typically evaluated in personal injury cases. </p>



<p>It’s also worth noting that the specifics of a case, including the nature and extent of injuries, the impact on the claimant’s quality of life, and the circumstances of the accident, play a crucial role in determining the value of a claim. </p>



<p>These factors should be carefully assessed to ensure that the compensation sought truly reflects the claimant’s losses and future needs. </p>



<p>In light of these complexities, it’s evident that relying solely on the insurance company’s assessment of what constitutes fair compensation can lead to inadequate settlements. </p>



<p>Claimants should approach these negotiations with caution and, where possible, seek legal help and guidance to better understand the true value of their claim and their rights. </p>



<p>This approach can significantly influence the outcome of the negotiation process, leading to a more equitable resolution and full and fair settlement. </p>



<h2 class="wp-block-heading" id="h-misconception-4-there-is-plenty-of-time-to-file-an-insurance-claim">Misconception #4:  There is plenty of time to file an Insurance Claim</h2>



<p>A critical misunderstanding that often surfaces in personal injury claims is the belief that there is ample time to file a claim. </p>



<p>Many individuals assume that the process can be initiated at their convenience, underestimating the importance of the legal time constraints known as statutes of limitations. </p>



<p>In reality, these statutes can play a pivotal role in the claims process, setting strict deadlines for filing a lawsuit. </p>



<p class="has-text-align-center"><a href="/personal-injury/how-long-do-i-have-to-file-a-claim/">How long do you have to file a claim? </a></p>



<p>The statute of limitations varies by state and type of claim, and it is essential to be aware of these time frames. </p>



<p>In North Carolina, for instance, the statute of limitations for personal injury claims is generally three years from the date of the accident. </p>



<p class="has-accent-color has-text-color has-link-color wp-elements-4aefad334f48519f418680163f17455c"><strong>NOTE:  FILING A CLAIM WITH THE INSURANCE COMPANY IS NOT THE SAME THING AS FILING A LAWSUIT.  FILING AN INSURANCE CLAIM DOES NOT TOLL OR STOP THE STATUTE OF LIMITATIONS.  </strong> </p>



<p>This time limit is legally binding, and, with few exceptions, lawsuits filed after this period are likely to be dismissed, regardless of their merit. The statute of limitations for <a href="/blog/the-glover-law-firm-your-guide-to-wrongful-death-cases/">Wrongful Death claims in North Carolina</a> is even shorter. </p>



<p>The rationale behind these statutes is twofold: to ensure that claims are made while evidence is still fresh and to provide a degree of certainty for potential defendants. </p>



<p>As time passes, memories fade, witnesses become unavailable, and evidence can be lost, making it difficult to build a strong case. </p>



<p>For the defendant, these statutes prevent the indefinite threat of legal action.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>The process of preparing a claim should not be rushed – Danny Glover Jr., NC Accident Attorney </em></p>
</blockquote>



<p>It often involves gathering detailed evidence, obtaining medical records, consulting with experts, and fully understanding the extent of the injuries and their long-term implications. </p>



<p>This preparation is critical to accurately assess the claim’s value and to ensure that all relevant aspects are considered. </p>



<p>Moreover, waiting until the last minute to file a claim can be risky. </p>



<p>Unforeseen delays, such as difficulty in obtaining the necessary documentation or challenges in determining the appropriate party to sue, can result in missing the deadline. </p>



<p>Additionally, insurance companies may be less inclined to settle claims amicably if they know the statute of limitations is about to expire, as this reduces the claimant’s leverage. </p>



<p>Another important aspect to consider is the time needed for negotiations with insurance companies. </p>



<p>These discussions can be lengthy, and if they do not result in a satisfactory settlement, there must be enough time left to file a lawsuit before the statute of limitations expires. </p>



<p>It’s also worth noting that certain types of claims may have different statutes of limitations.</p>



<p>For example, claims against government entities often have additional procedural requirements. </p>



<p>Ignorance of these nuances can inadvertently lead to the forfeiture of one’s right to seek compensation. </p>



<p>Understanding and adhering to the statute of limitations is a crucial element of the claims process. </p>



<p>While it may seem that there is plenty of time to file a claim, starting the process promptly is essential. </p>



<p>This not only ensures adherence to legal deadlines but also allows for thorough preparation of the claim, enhancing the likelihood of a fair resolution. </p>



<h2 class="wp-block-heading" id="h-why-you-should-call-danny-glover-if-you-ve-been-injured-in-an-accident-on-the-outer-banks-of-north-carolina">Why you should call Danny Glover if you’ve been injured in an accident on the Outer Banks of North Carolina</h2>



<p>Navigating the complexities of personal injury claims requires a careful and informed approach, especially when dealing with the unique challenges presented by accidents on the Outer Banks of North Carolina. </p>



<p>As we have discussed, common misconceptions about these claims can lead to misunderstandings and potentially adverse outcomes for those who have suffered injuries. </p>



<p>Whether it’s underestimating the nuances of dealing with insurance companies, overlooking the strict timelines set by statutes of limitations, or misjudging the value of professional legal guidance, each misconception carries its own set of risks. </p>



<p>Understanding these complexities is vital, particularly when injuries result from the negligence of others. </p>



<p>Each case brings its own unique circumstances and deserves individual attention and consideration. </p>



<p>The process of claiming compensation for personal injuries is not only about the legal proceedings but also about ensuring that your rights and well-being are adequately protected and advocated for. </p>



<p>For those who find themselves a victim of drunk driving or a grossly negligent drivers, seeking an experienced OBX lawyer can make a significant difference. </p>



<p>If you’ve been injured due to no fault of your own, call Danny Glover at the Danny Glover Law Firm. </p>



<p>With a focus on addressing the individual needs of each case and providing informed legal counsel, the firm is equipped to help navigate the often turbulent waters of Outer Banks personal injury claims. </p>



<p>Remember, while the journey towards seeking justice and compensation can be intricate, you do not have to face it alone. </p>



<p>Guidance from a legal professional can provide clarity, support, and direction, helping to illuminate the path toward a fair resolution. </p>



<p>If you find yourself in need of such assistance, do not hesitate to reach out to Danny Glover at the Danny Glover Law Firm, where your case can receive the attention and dedication it deserves. </p>



<h2 class="wp-block-heading" id="h-helpful-information-about-obx-accidents-and-insurance-claims">Helpful Information about OBX Accidents and Insurance Claims</h2>



<ul class="wp-block-list">
<li><a href="/blog/drunk-driving-unveiling-the-stark-link-to-hit-and-run-drivers/">The link between Hit and Run accidents and Drunk Driving</a></li>



<li><a href="/blog/what-you-need-to-know-about-contributory-negligence-in-nc/">What you need to know about Contributory Negligence in North Carolina </a></li>



<li><a href="/blog/nags-head-accident-insurance-claims-what-you-need-to-know/">Accidents in Nags Head:  Understanding the complexity of Insurance Claims </a></li>



<li><a href="/blog/motorcycle-accidents-who-is-at-fault/">Who is responsible for a Motorcycle Accident?  </a></li>



<li><a href="https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_1/gs_1-139.pdf" target="_blank" rel="noopener noreferrer">Contributory Negligence in NC:  Who has the Burden of Proof? </a></li>



<li><a href="/blog/motorcycle-accidents-on-the-outer-banks-understanding-the-unique-nature-of-wrecks/">If you’ve been injured in a motorcycle accident, you need to know these things before filing a claim</a></li>



<li><a href="/blog/understanding-the-value-of-your-personal-injury-claim/">How much is your car accident claim worth? </a></li>



<li><a href="/blog/have-you-been-injured-in-a-drunk-driving-accident/">Have you been wrongfully hurt because of a DRUNK DRIVER?  </a></li>
</ul>
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            <item>
                <title><![CDATA[What you need to know about Contributory Negligence in NC]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/what-you-need-to-know-about-contributory-negligence-in-nc/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/what-you-need-to-know-about-contributory-negligence-in-nc/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Sun, 01 Oct 2023 01:47:13 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[at fault in North Carolina]]></category>
                
                    <category><![CDATA[burden of proof NC accident]]></category>
                
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                    <category><![CDATA[how to fight a contrib denial]]></category>
                
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                    <category><![CDATA[N.C.G.S. § 1-139]]></category>
                
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                    <category><![CDATA[North Carolina contributory negligence]]></category>
                
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                    <category><![CDATA[What is "Contrib?"]]></category>
                
                    <category><![CDATA[What you need to know about Contributory Negligence in NC]]></category>
                
                
                
                    <media:thumbnail url="https://injury-dannygloverlawfirm-com.justia.site/wp-content/uploads/sites/946/2023/09/NC-Contributory-Negligence-Laws.jpg" />
                
                <description><![CDATA[<p>Personal injury law has its unique set of challenges. In North Carolina, an interesting and often debated legal concept known as Contributory Negligence or “Contrib” all too often takes center stage. Distinctively, while most states in the US employ the Comparative Negligence approach, North Carolina remains steadfast in its application of the defense Contributory Negligence.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Personal injury law has its unique set of challenges. In North Carolina, an interesting and often debated legal concept known as Contributory Negligence or “Contrib” all too often takes center stage.</p>



<p>Distinctively, while most states in the US employ the Comparative Negligence approach, North Carolina remains steadfast in its application of the defense Contributory Negligence.</p>



<p>This can play a crucial role in determining the fate of a personal injury claim, including those stemming from car accidents, motorcycle accidents, and trucking accidents.</p>



<p>To appreciate the intricate nature of Contrib, it’s vital to understand its implications on personal injury claims in the state of North Carolina.</p>



<h3 class="wp-block-heading">Quick Facts | North Carolina Contributory Negligence</h3>



<ul class="wp-block-list">
<li><strong>Pure Contributory Negligence |</strong> North Carolina is one of a handful of jurisdictions where a plaintiff’s own negligence can act as a complete bar to recovery in a personal injury claim.</li>



<li><strong>The Bar to Recovery |</strong> If a defendant proves that the plaintiff’s negligence was a proximate cause of the accident, the plaintiff may be unable to recover any damages.</li>



<li><strong>All or Nothing System |</strong> Unlike “comparative negligence” states, where damages are reduced by a percentage of fault, North Carolina’s system can result in zero recovery for a negligent plaintiff.</li>



<li><strong>The Last Clear Chance Doctrine |</strong> Even if a plaintiff was negligent, they may recover damages if the defendant had the “last clear chance” to avoid the accident but failed to do so.</li>



<li><strong>Burden of Proof |</strong> Per <a href="https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1/gs_1-139.html">N.C.G.S. § 1-139,</a> the party asserting the defense of contributory negligence carries the burden of proving that defense to the court.</li>



<li><strong>Legal Evaluation |</strong> Because insurance adjusters use “contrib” as a reason to deny claims, a thorough investigation of the fact pattern is necessary to protect a victim’s rights.</li>
</ul>



<h2 class="wp-block-heading" id="h-the-essence-of-contributory-negligence">The Essence of Contributory Negligence</h2>



<p>The concept of Contributory Negligence often catches victims hurt in accidents off-guard due to its distinctive stance compared to other states.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>In North Carolina, the doctrine of Contributory Negligence places undue weight on victims, frequently favoring large insurance firms over victims hurt due to the substantial negligence of others – Danny Glover, OBX Accident Lawyer</em></p>
</blockquote>



<p>In essence, this legal principle asserts that if an injured victim, typically referred to as the plaintiff, bears minor responsibility, even as little as 1%, they may be barred from obtaining any compensation.</p>



<p>In contrast, many states employ the more balanced (and fair) Comparative Negligence rule, which adjusts compensation based on the fault percentage of each party involved.</p>



<p class="has-text-align-center"><a href="https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_1/gs_1-139.pdf" target="_blank" rel="noreferrer noopener">Who has the Burden of Proof on Contrib?</a></p>



<p>The application of Contributory Negligence in North Carolina underscores the necessity for a thorough case evaluation and proactively addressing potential allegations of contributory negligence, especially from insurance adjusters.</p>



<p><em>Remember, insurance adjusters are not on your side. Their loyalty lies with their employers, and they won’t hesitate to use the Contributory Negligence defense to their advantage if it means reducing their payout – Danny Glover, OBX Injury Attorney</em></p>



<h2 class="wp-block-heading" id="h-ripples-of-the-doctrine-of-contributory-negligence">Ripples of the Doctrine of Contributory Negligence</h2>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="800" height="533" src="/static/2023/09/North-Carolina-Contributory-Negligence-Laws.jpg" alt="North Carolina Contributory Negligence Laws" class="wp-image-574182" style="object-fit:cover;width:300px;height:200px" srcset="/static/2023/09/North-Carolina-Contributory-Negligence-Laws.jpg 800w, /static/2023/09/North-Carolina-Contributory-Negligence-Laws-300x200.jpg 300w, /static/2023/09/North-Carolina-Contributory-Negligence-Laws-768x512.jpg 768w" sizes="auto, (max-width: 800px) 100vw, 800px" /></figure>
</div>


<p>On the face of it, Contributory Negligence may seem straightforward, but its implications are far-reaching and can pose significant challenges to personal injury victims.</p>



<p>This doctrine doesn’t just complicate legal proceedings, it weaves intricacies into the very fabric of post-accident experiences.</p>



<p>Imagine driving safely through an intersection when another driver, in blatant disregard for the law, speeds through a stop sign, crashing into you causing a “T-Bone” collision.</p>



<p>The shock, the trauma, and the immediate concern for safety are soon followed by the realization of potential legal battles ahead.</p>



<p>Although the person who caused the wreck is clearly at fault, a single piece of evidence suggesting you may have been even slightly over the speed limit could change the narrative.</p>



<p>Suddenly, instead of being the victim, you’re defending your actions.</p>



<p>In other states, this scenario might conclude with you receiving compensation, albeit reduced by your minor fault.</p>



<p>But North Carolina’s somewhat unique stance on the matter paints a different picture.</p>



<p>Here, this small oversight, perhaps completely irrelevant for most intents and purposes, might prevent you from getting full and fair compensation due to the rigorous application of Contributory Negligence.</p>



<p>The stark difference underscores the need for individuals to be well-informed and vigilant, especially when navigating the legalities in North Carolina.</p>



<h2 class="wp-block-heading" id="h-the-significance-for-north-carolina-accident-victims">The Significance for North Carolina Accident Victims</h2>



<p>The doctrine of Contributory Negligence all too often adversely affects the lives of accident victims, casting a significant shadow over their pursuit of justice post-accident.</p>



<p>With North Carolina being among the few states that firmly uphold this “affirmative defense,” its residents, and visitors who have been involved in an accident, often navigate a distinctive compensation claims landscape, one that diverges notably from the majority of the country.</p>



<p>This landscape isn’t merely a backdrop for legal battles; it can directly shape the outcomes and, ultimately, the lives of accident victims.</p>



<p class="has-text-align-center"><a href="/blog/have-you-been-injured-in-a-drunk-driving-accident/">Victim of Drunk Driving?</a></p>



<p>Awareness of this doctrine is vital not only for legal professionals like OBX lawyer Danny Glover but also for anyone involved in a personal injury claim.</p>



<p>Knowledge can be the difference between securing full and fair compensation and walking away empty-handed.</p>



<p>Adjusters, equipped with vast resources and a clear agenda, constantly hunt for any semblance of fault on the victim’s part.</p>



<p>Their aim is straightforward: exploit the Contrib doctrine, diminish the victim’s claim, and escape liability.</p>



<p>It’s a relentless dance, one where the stakes couldn’t be higher for those seeking justice.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>The all too frequent use of the Contributory Negligence defense by insurance adjusters only underscores its real-world implications, highlighting the pressing need for claimants to be prepared and represented by an experienced PI lawyer – Danny Glover, OBX Motorcycle Accident Lawyer</em></p>
</blockquote>



<h2 class="wp-block-heading" id="h-challenging-contributory-negligence">Challenging Contributory Negligence</h2>



<ul class="wp-block-list">
<li><strong>Collecting evidence can be crucial:</strong> The aftermath of an accident may involve a whirlwind of emotions and confusion, making it easy to overlook important details. But it’s during these pivotal moments that gathering irrefutable evidence becomes important. Whether it’s photographs that capture the scene, testimonies from onlookers that provide a firsthand account, or an official accident report that documents the circumstances of the wreck, proving fault through documented evidence can make the difference between a successful and unsuccessful accident claim. A solid foundation of facts not only fortifies a claim but also serves to protect against attempts to skew the narrative.</li>



<li><strong>Seek Experienced Legal Advice Early:</strong> The labyrinth of legalities post-accident can be daunting, especially when Contributory Negligence may be alleged. Before plunging headfirst into negotiations, settlements, or even providing statements, it’s a good idea to have a seasoned personal injury lawyer, like Danny Glover, on your side. Legal representation by someone who is well-versed with the nuances of North Carolina’s accident laws helps ensure you’re not just reacting, but proactively strategizing.</li>



<li><strong>Know the Exceptions:</strong> The doctrine of Contributory Negligence in North Carolina, while undeniably strict, is not without its nuances. That includes something called the “<a href="https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=5883&context=nclr" target="_blank" rel="noreferrer noopener">last clear chance doctrine</a>.” Being aware of these intricacies and understanding how they might apply to your particular insurance claim is important.</li>
</ul>



<h2 class="wp-block-heading" id="h-factors-to-consider-when-selecting-local-legal-counsel">Factors to Consider When Selecting Local Legal Counsel</h2>



<ul class="wp-block-list">
<li><strong>Geographic Proximity |</strong> The ability of counsel to physically visit accident scenes for immediate documentation.</li>



<li><strong>Local Court Experience |</strong> Familiarity with the specific administrative procedures and scheduling in Dare County and the First Judicial District.</li>



<li><strong>Resource Accessibility |</strong> Having an office located in the community where the accident occurred for easier client meetings and evidence coordination.</li>



<li><strong>Focus on Local Traffic Patterns |</strong> Understanding the seasonal traffic shifts and unique road conditions of the Outer Banks.</li>
</ul>



<h2 class="wp-block-heading" id="h-questions-after-a-north-carolina-accident-what-you-need-to-know">Questions After a North Carolina Accident | What You Need to Know</h2>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="faq-question-1772395216579"><strong class="schema-faq-question"><strong>How much is my accident case worth?</strong><br /></strong> <p class="schema-faq-answer">There is no “average” settlement because every case depends on your specific medical bills, lost wages, and the severity of your injuries. In North Carolina, the value can be heavily impacted by the clarity of who is at fault. If there is any evidence that you contributed to the crash, the insurance company mighjt offer $0. The value of an accident case in North Carolina is calculated by totaling your economic losses and adding non-economic damages like pain and suffering.</p> </div> </div>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="faq-question-1772395338412"><strong class="schema-faq-question"><strong>If I caused the accident, can I still make a claim?</strong> </strong> <p class="schema-faq-answer">In North Carolina, the answer is usually no. Because of the pure contributory negligence rule, if you are responsible for the crash, you are barred from recovering damages from the other driver. However, you may still be able to access “Med-Pay” coverage through your own insurance policy to help with medical bills, regardless of who was at fault.</p> </div> </div>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="faq-question-1772395415697"><strong class="schema-faq-question"><strong>Why did the insurance company deny my claim?</strong></strong> <p class="schema-faq-answer">Insurance companies are in the business of saving money. In North Carolina, a common reason for a denial is that the adjuster found a reason to blame you for the accident. Even if the other driver was 99% at fault, the insurance company may try to deny the claim if it believes it can prove you were 1% at fault.\</p> </div> </div>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="faq-question-1772395469309"><strong class="schema-faq-question"><strong>The adjuster said it was a “contrib” case. What does that mean?</strong></strong> <p class="schema-faq-answer"><br />When an adjuster says you are “contrib,” they are telling you that they believe you were contributorily negligent. That could be a legal justification for refusing to pay for your car repairs or medical treatment. It is a signal that they may deny your claim and close their file. If that happens, it makes sense to talk to a lawyer to see </p> </div> </div>



<h2 class="wp-block-heading" id="h-more-helpful-information-about-outer-banks-accidents">More Helpful Information about Outer Banks Accidents</h2>



<ul class="wp-block-list">
<li><a href="/blog/nags-head-accident-insurance-claims-what-you-need-to-know/">Nags Head Insurance Claims:  What You Need to Know </a></li>



<li><a href="/blog/understanding-the-value-of-your-personal-injury-claim/">How much is your Accident Claim worth? </a></li>



<li><a href="/blog/have-you-been-injured-in-a-drunk-driving-accident/">Drunk Driving Accidents and Punitive Damages in NC</a></li>



<li><a href="/blog/motorcycle-accidents-who-is-at-fault/">Motorcycle Accidents:  Who is At Fault?  </a></li>



<li><a href="/blog/are-motorcycle-accidents-different/">Are Motorcycle Accidents Different?</a></li>



<li><a href="/blog/there-really-isnt-such-thing-as-an-accident/">There is NO SUCH THING as an “Accident” </a></li>



<li><a href="/blog/what-you-need-to-know-about-trucking-accidents/">What you need to know about Trucking Accidents</a></li>



<li><a href="/personal-injury/wrongful-death/">Wrongful Death Claims in North Carolina </a></li>



<li><a href="/personal-injury/bicycle-accidents/">OBX Bicycle Accident Victims:  We’d like to help</a></li>



<li><a href="/personal-injury/pedestrian-injuries/">Pedestrian Accidents: Who is “At Fault” in a wreck? </a></li>



<li><a href="/personal-injury/how-long-do-i-have-to-file-a-claim/">How long do you have to file a claim? </a></li>
</ul>



<h2 class="wp-block-heading">Talk to a Local OBX Accident Lawyer | Danny Glover</h2>



<p>The legal landscape in North Carolina can be a challenge for accident victims. While the doctrine of contributory negligence can make recovery difficult, it is not always impossible. Navigating personal injury cases (car accidents, motorcycle wrecks, trucking accidents) often benefit from a detailed investigation of the facts and a direct response to insurance company denials.</p>



<p>If an insurance company denies a claim based on “contrib,” the specific details of the event may benefit from an objective evaluation. Factors like seasonal traffic patterns and environmental conditions in Dare County can be complex, and these elements are sometimes overlooked in a standard insurance investigation.</p>



<p>Under N.C.G.S. § 1-139, the party alleging contributory negligence carries the burden of proving that the injured person’s own actions were a proximate cause of the accident.</p>



<p><strong>Contact the <a href="https://injury.dannygloverlawfirm.com/">Glover Law Firm</a></strong></p>



<ul class="wp-block-list">
<li><strong>Direct Line |</strong> 252-299-5300</li>



<li><strong>Local Office |</strong> 105 N Road St, Elizabeth City, NC 27909</li>



<li><strong>Free Consultation |</strong> Confidential case evaluations for accident victims</li>
</ul>



<p></p>
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                <title><![CDATA[Vehicle Damages]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/vehicle-damages/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/vehicle-damages/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Tue, 03 Jul 2018 20:15:48 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[accident injury attorney]]></category>
                
                    <category><![CDATA[car accident attorney]]></category>
                
                    <category><![CDATA[danny glover attorney]]></category>
                
                    <category><![CDATA[glover law firm]]></category>
                
                    <category><![CDATA[insurance claims]]></category>
                
                
                
                    <media:thumbnail url="https://injury-dannygloverlawfirm-com.justia.site/wp-content/uploads/sites/946/2017/12/Glover-1705J-Compensation-COMPRESSED.jpg" />
                
                <description><![CDATA[<p>After an OBX wreck, what happens to my car? Who pays for vehicle damages? Am I required to get my car fixed after an accident? One of the more immediate concerns after an Outer Banks car accident is dealing with getting your car repaired. Even with a rental, which may be an option in some&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>After an OBX wreck, what happens to my car?  Who pays for vehicle damages?  Am I required to get my car fixed after an accident?</p>



<p>One of the more immediate concerns after an Outer Banks car accident is dealing with getting your car repaired.  Even with a rental, which may be an option in some instances, it takes time to review the damages and schedule work to be performed.  It also may take more than one shop, especially if there is substantial frame damage, bodywork, and the need for painting.</p>



<p>While a lot of focus is understandably placed on personal injuries, medical care, and outstanding medical bills, lawyers also provide legal representation for property damages, vehicle repair, valuation of the loss, and depreciation after a wreck.
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>Property damage after an car accident is an important aspect of the case legal presentation. Indeed, it often proves to be one of the more immediate needs of our clients. It’s also regularly a source for contention, as accident insurance companies often don’t want to pay the fair market value – Danny Glover, OBX lawyer </em></p>
</blockquote>



<figure class="wp-block-embed alignfull is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="Vehicle Damages after a WRECK" width="500" height="281" src="https://www.youtube-nocookie.com/embed/nbYCXvigJj0?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p>A lot depends on the nature and extent of the wreck.  What type of vehicles were involved?  Was is 18 wheeler vs car?  UPS truck vs mini-van?  Pickup truck vs Honda Prius? SUV vs <a href="/personal-injury/motorcycle-accidents/" rel="noopener" target="_blank">motorcycle</a>?</p>



<p>To some extent, it comes down to physics, the weight of the respective vehicles, the speed at impact, and whether any effort was made prior to the collision to change direction or stop prior to the accident.  Vehicle damages can be complicated.  Part of the calculation for damages also includes the make and year of your car.  Older model vehicles depreciate over time and may be difficult to fix if parts are unavailable.
</p>



<h4 class="wp-block-heading has-text-align-center" id="h-who-is-liable-for-accident-injuries"><a href="/blog/who-is-legally-liable-for-accident-injuries/" target="_blank" rel="noopener">Who Is Liable For Accident Injuries?</a></h4>



<p>
It’s also relevant for the insurance defense attorney to deduct from the value “high mileage” and prior damages.  And as a result, the type of vehicles involved in the OBX car accident (or motorcycle accident) is as important as how your car or motorcycle was damaged as a result of a traffic “accident.”</p>



<p>While it may be common for defense lawyers to use the term “car accident,” <a href="https://www.dannygloverlawfirm.com/there-really-isnt-such-thing-as-an-accident/" target="_blank" rel="noopener">there really is no such thing as an accident</a>. If you were injured as a result of negligence, that was not an accident. A decision was made, whether it be to not follow the NC traffic laws or the failure to operate a vehicle in both a safe and lawful manner.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><em>Motorcycle wrecks are often a total loss. It doesn’t take much impact to completely destroy a motorcycle. There is an inverse relationship with motorcycle accidents in the Outer Banks NC. The property damages tend to be lower, because motorcycles aren’t as expensive as most cars. But the personal injury claims are substantially higher, because the person on the motorcycle has nowhere near the same protection as a car accident – Danny Glover, OBX motorcycle accident lawyer </em></p>
</blockquote>



<p>
<strong>Damages after a car accident involve more than exterior repairs </strong></p>



<p>The way cars are designed and built nowadays sometimes disguise the true nature and extent of vehicle damages.  Back in the 1950’s American cars dominated the roadways and everything was fabricated out out steel.  If you crumpled a bumper back then, it wasn’t hard to imagine the level of impact.</p>



<p>You could look at a quarter-panel or smashed front-end and understand the relationship between vehicle speeds and the mass of vehicles in a <a href="https://www.dannygloverlawfirm.com/legal-services/car-accidents/" rel="noopener" target="_blank">car accident case</a>.</p>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2018/07/Car-Insurance-Policy-UNCOMPRESSED-300x200.jpg" alt="Lawyers who handle accident cases in the Outer Banks OBX NC"/></figure></div>


<p>Vehicles today are built with ultra-light and resilient materials.  Indeed, some very smart engineers have learned to transfer and distribute loads associated with the force of impact after a car accident.  An exterior bumper might “pop back out” with a minimal amount of work, disguising substantial vehicle damages to <strong>energy</strong><strong> absorbers </strong>and <strong>brackets</strong>.</p>



<p>Under United States Federal Automotive Laws 49 CFR Part 581 a “Bumper Standard” was put into place to limit exterior damages at barrier impact speeds.  Hidden under the exterior (attached to both front and back bumpers) of most newer-model vehicles are compressible, accordion-like rubber compression modules.</p>



<p>In inspecting for vehicle damages after a car accident, it’s important to look for telltale signs of the impact such as missing or cracked plastic facia.  That often means putting your car on a lift and completing a visual inspection of the hidden areas of the car.  It also may mean removing the bumpers and looking for damage to the energy absorbers and even to the frame of the vehicle.</p>



<p>If a frame is bent after a car accident, which is relatively common after <a href="/personal-injury/truck-accidents/" rel="noopener" target="_blank">semi truck accidents</a> and large vehicle vs small vehicle collisions, very little can be done to repair the car.  Contrary to what an insurance adjuster may tell you, vehicles with a bent frame will never ride the same, they’ll be subject to a host of consistent repair issues, and should in most instances be declared a “total loss” or “totaled.”</p>



<p><strong>Am I required to get my car fixed after an OBX car accident? </strong></p>



<p>You’re entitled to the full value of damages, which means either the total loss amount or the amount that it would cost to repair the vehicle, but it’s your car, and you’re not required to get it fixed if you don’t want to.</p>



<p><strong>CALL NOW FOR FREE CASE EVALUATION 252-299-5300</strong></p>



<p>Will insurance require my car to be repaired in NC? 1705z18</p>
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                <title><![CDATA[Who is legally liable for accident injuries?]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/who-is-legally-liable-for-accident-injuries/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/who-is-legally-liable-for-accident-injuries/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Sat, 10 Mar 2018 17:45:06 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Truck Accidents]]></category>
                
                
                    <category><![CDATA[car accident]]></category>
                
                    <category><![CDATA[car insurance]]></category>
                
                    <category><![CDATA[claims]]></category>
                
                    <category><![CDATA[danny glover attorney]]></category>
                
                    <category><![CDATA[danny glover law firm]]></category>
                
                    <category><![CDATA[danny glover outer banks]]></category>
                
                    <category><![CDATA[injury claims]]></category>
                
                    <category><![CDATA[insurance claims]]></category>
                
                    <category><![CDATA[Liability]]></category>
                
                
                
                    <media:thumbnail url="https://injury-dannygloverlawfirm-com.justia.site/wp-content/uploads/sites/946/2017/12/Ocean-Law.jpg" />
                
                <description><![CDATA[<p>Who’s at fault means, “Who caused the wreck” under the NC accident laws. Liability for accident injuries in North Carolina is related to negligence and the duty of care. Sometimes more than one person can cause the wreck, sometimes 100% of the fault rests on one driver. Determining who is legally liable for accident injuries&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Who’s at fault means, “Who caused the wreck” under the NC accident laws.  Liability for accident injuries in North Carolina is related to negligence and the duty of care.</p>



<p>Sometimes more than one person can cause the wreck, sometimes 100% of the fault rests on one driver.</p>



<p>Determining who is legally liable for accident injuries in North Carolina requires careful review of the documentation of the wreck scene and causes of the NC accident case.</p>



<p>Establishing legal “liability” is one of the more important aspects of any personal injury law case in North Carolina. That’s because under the wreck laws of the state, there is something called <a href="https://www.dannygloverlawfirm.com/who-is-liable-in-the-event-of-a-wreck/" target="_blank" rel="noopener">contributory negligence</a>.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>Looking at who caused the wreck and who is responsible is one of my most important jobs as a car accident lawyer in North Carolina – Danny Glover, OBX Lawyer</em></strong></p>
</blockquote>



<figure class="wp-block-embed alignfull is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="Who is legally liable for accident injuries?" width="500" height="281" src="https://www.youtube-nocookie.com/embed/KJHuqeGB2AA?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p>
Important considerations in NC wrecks cases:
</p>



<ul class="wp-block-list">
<li>How fast were the vehicles traveling?</li>



<li>Was anyone going above the posted speed limit?</li>



<li>What were the roadway conditions?</li>



<li>What were the weather conditions?</li>



<li>Who had right-of-way?</li>



<li>Were there proper stopping distances?</li>
</ul>



<p>
<em><strong>What should I do after a car accident in North Carolina?</strong></em></p>



<p>Being involved in a serious collision is a big deal.  As a law office that helps people in northeastern North Carolina with car wrecks, motorcycle injuries, and semi-truck collisions, we understand the trauma associated with an MVA or Motor Vehicle Accident.</p>



<p>After a wreck, people can respond differently.  One of the more common emotions or reactions after almost any type of accident is disbelief.  They “just can’t believe” he ran that light or failed to stop.  We hear things like, “I looked right at her.  She saw me.  I don’t know how she didn’t slow down.”
</p>



<h4 class="wp-block-heading has-text-align-center" id="h-how-to-use-insurance-when-injured-in-a-car-wreck"><a href="/blog/how-to-use-insurance-when-hurt-in-car-wreck/" target="_blank" rel="noopener">How To Use Insurance When Injured In A Car Wreck?</a></h4>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2018/02/Damages-in-a-NC-accident-case-300x300.jpg" alt="Currituck NC accident lawyer"/></figure></div>


<p>
Car accidents in North Carolina are generally not caused by people acting intentionally.  They involve things like negligence, the failure to maintain proper lane control, and careless or reckless driving.</p>



<p>The vast majority of personal injury cases in NC happen because the <strong>at-fault motorist</strong> was not paying attention or failed to act responsibility.  That almost always means someone was breaking the law when they hit you.</p>



<p>How people respond after an NC car wreck depends a lot on what happened on the scene.  If you or your passengers were hurt, that may complicate things too.
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>The first thing to do is to make sure nothing worse happens. Secure the accident scene. Get people out of harm’s way. Once you are certain everyone is safe, then begin collecting evidence of the wreck – Danny Glover, Outer Banks Attorney</em></strong></p>
</blockquote>



<p>
So in North Carolina, the at-fault driver and that driver’s insurance company are responsible to pay all of the damages, harms, and losses suffered by anyone hurt by that at driver’s negligence or carelessness.  That may include things like medical bills, the costs of physical therapy, surgeries, prescriptions, pain and suffering, and property damage.</p>



<p>So when we talk about liability, we mean, who was responsible to pay the injured person or the injured people as a result of the wreck?  Is it the person who caused the wreck?  Is the insurance company liable?  Who pays for damages after a <a href="/personal-injury/motorcycle-accidents/" rel="noopener" target="_blank">motorcycle accident</a>?  Is it different for a <a href="/personal-injury/truck-accidents/" rel="noopener" target="_blank">truck accident</a> or <a href="/personal-injury/pedestrian-injuries/" rel="noopener" target="_blank">pedestrian injury</a>?
</p>



<h4 class="wp-block-heading has-text-align-center" id="h-should-i-call-an-obx-accident-lawyer">Should I Call an OBX Accident Lawyer?</h4>



<p>
<em><strong>How do I protect my injury claims after a North Carolina car wreck? What should I do after an accident? </strong></em></p>



<p>First, make sure someone has called 911 and reported the accident.  That is especially true if there are injuries involved after the NC car wreck.  Once that has been done, and after making sure everyone is OK, start collecting information if you are able.</p>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2017/11/Red-Car-Wreck-300x199.jpg" alt="Currituck accident lawyers near me - NC personal injury lawyer Danny Glover Jr."/></figure></div>


<p>Sometimes all that is possible is exchanging information; but, we recommend the following for the best results:
</p>



<ul class="wp-block-list">
<li>Take out your phone and start taking pictures</li>



<li>Video the scene</li>



<li>Snap a shot of the other person’s documentation
<ul class="wp-block-list">
<li>North Carolina Driver’s License</li>



<li>Insurance Card</li>



<li>NC vehicle registration</li>
</ul>
</li>



<li>Ask other people involved in the wreck what happened
<ul class="wp-block-list">
<li>Get their information</li>



<li>Take a picture of their driver’s license</li>



<li>Record what they tell you</li>
</ul>
</li>
</ul>



<p>
I’m Danny Glover, with the Glover Law Firm in Elizabeth City.</p>



<p>If you have any questions about your car wreck, give me a call, it’s completely free, it’s confidential, and I’ll be happy to talk. We help people with legal claims involving motorcycle accidents, semi truck accidents, and car accidents.</p>



<p>Serving people in the Outer Banks and “Inner Banks” in Northeastern North Carolina, it’s our honor and pleasure to help with accident injury claims in <a href="https://www.dannygloverlawfirm.com/areas-we-serve/kill-devil-hills/" rel="noopener" target="_blank">Kill Devils Hills NC</a>, <a href="https://www.dannygloverlawfirm.com/areas-we-serve/manteo/" rel="noopener" target="_blank">Manteo</a>, North Carolina, Elizabeth City, <a href="/communities-served/kitty-hawk-nc/" rel="noopener" target="_blank">Kitty Hawk</a>, Nags Head, and Carolla.</p>



<p><strong>Call Now for Free Consultation 252-299-5300</strong></p>



<p>1705C</p>
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            <item>
                <title><![CDATA[What is the maximum amount of compensation I can get from a car accident?]]></title>
                <link>https://injury.dannygloverlawfirm.com/blog/what-is-the-maximum-amount-of-compensation-i-can-get-from-a-car-accident/</link>
                <guid isPermaLink="true">https://injury.dannygloverlawfirm.com/blog/what-is-the-maximum-amount-of-compensation-i-can-get-from-a-car-accident/</guid>
                <dc:creator><![CDATA[Danny Glover]]></dc:creator>
                <pubDate>Sat, 16 Dec 2017 19:47:42 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Settlement]]></category>
                
                    <category><![CDATA[Trial]]></category>
                
                
                    <category><![CDATA[compensation]]></category>
                
                    <category><![CDATA[danny glover attorne]]></category>
                
                    <category><![CDATA[danny glover law firm]]></category>
                
                    <category><![CDATA[danny glover outer banks]]></category>
                
                    <category><![CDATA[insurance claims]]></category>
                
                
                
                    <media:thumbnail url="https://injury-dannygloverlawfirm-com.justia.site/wp-content/uploads/sites/946/2017/12/Glover-1705J-Compensation-COMPRESSED.jpg" />
                
                <description><![CDATA[<p>What is the maximum amount of compensation I can get from a car accident? How cases are settled in North Carolina depends on several different factors. We consider the cause of the injury, the level of coverage, and the likelihood of prevailing at trial – Danny Glover How is a Settlement Reached in North Carolina?&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<h2 class="wp-block-heading" id="h-what-is-the-maximum-amount-of-compensation-i-can-get-from-a-car-accident">What is the maximum amount of compensation I can get from a car accident? </h2>



<ul class="wp-block-list">
<li>Is there a limit to my claim?</li>



<li>Is there a minimum for my claim?</li>



<li>What is a realistic time frame?</li>



<li>What happens when there is no insurance?</li>



<li>What do I do if the insurance doesn’t cover everything?</li>



<li>Does my insurance pay?</li>



<li>Are lawsuits always filed?</li>
</ul>



<figure class="wp-block-embed alignfull is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="What is the Maximum Amount  of Compensation I Can Get From a Car Accident?" width="500" height="281" src="https://www.youtube-nocookie.com/embed/Ks-OlVuL1hg?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>How cases are settled in North Carolina depends on several different factors.  We consider the cause of the injury, the level of coverage, and the likelihood of prevailing at trial – Danny Glover </em></strong></p>
</blockquote>



<h2 class="wp-block-heading" id="h-how-is-a-settlement-reached-in-north-carolina"><strong>How is a Settlement Reached in North Carolina?</strong></h2>



<p>
Put simply, it depends.</p>



<p>Not to be glib, but the truth of the matter is, there are a lot of moving parts.</p>



<p>It can be complicated.  There is no simple truth for every case.  Reasonable minds can, and often do, differ.</p>



<p>That’s why it’s important to have a lawyer that is experienced handling a wide range of cases, who isn’t afraid to take something to trial, and who knows when it is better to settle.
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>It’s important to realize, ‘settling’ something is a legal term.  We often times don’t settle until the insurance company gives up, realizes we’re serious, and settles ‘on the courthouse steps.’  Danny Glover </em></strong></p>
</blockquote>



<p>
When we take a new client or accept a file for legal representation, it is important to follow certain steps.  We like to:
</p>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img loading="lazy" decoding="async" width="640" height="480" src="/static/2013/08/kiqnirdjb7m.jpg" alt="car accident lawyer injury attorney" class="wp-image-193714" style="object-fit:cover;width:300px;height:225px" srcset="/static/2013/08/kiqnirdjb7m.jpg 640w, /static/2013/08/kiqnirdjb7m-300x225.jpg 300w" sizes="auto, (max-width: 640px) 100vw, 640px" /></figure></div>


<ul class="wp-block-list">
<li>Gather important information
<ul class="wp-block-list">
<li>Witness names, addresses, and contact info</li>
</ul>
</li>



<li>Collect Police Reports
<ul class="wp-block-list">
<li>On-Scene Photographs</li>



<li>Drawings</li>



<li>Video Recordings</li>



<li>Witness Statements</li>



<li>Measurements</li>



<li>Physical Evidence</li>



<li>Vehicle Pictures</li>
</ul>
</li>



<li>Obtain Accident Reports</li>
</ul>



<p>
When you think about it, there really is a lot that needs to be done.</p>



<p>Sometimes we need all those materials to review the case, even to decide whether we can help and whether a successful claim for an auto accident may be made.</p>



<p>As such, we spend a fair amount of time talking to people.  We like to meet, if possible, face-to-face to discuss the background of the accident.</p>



<p>If you were hurt in some sort of wreck, we need to know what caused that to happen.  We also need to figure out whether other person involved is legally responsible or was in some way “negligent.”</p>



<p>That doesn’t mean people cause wrecks on purpose, although that does happen at times.</p>



<p>Being negligent doesn’t mean the person who caused the wreck is a bad person.
</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>Clients are regularly shocked to hear a claim is being denied.  They don’t understand why, until we explain litigation more-often-than not is caused by an unreasonable Insurance Company or Adjustor  –  Danny Glover  </em></strong></p>
</blockquote>



<p>
When we represent Outer Banks Car Wreck cases, we cannot undo the accident.  We are stuck with trying to get people back to where they were, one second before the wreck.</p>



<p>Sometimes that isn’t even possible.  Sometimes we help family members get through the loss of an accident that results in a fatality.</p>



<p>Contrary to what you might see on TV, there is no amount of money that can bring back a loved one.  Family isn’t “hitting the lotto.”</p>



<p>We seek compensation for the loss of that person. . .for the rest of the surviving family’s life.</p>



<p>How do you calculate that?  What is it worth?  If you could get a loved-one back, even for a day, is there a value to that?</p>



<p>Danny Glover is a member of the Million Dollar Advocates Forum.</p>



<p>That is NOT to say all his cases are worth millions of dollars.  The point is, he has handled complicated cases in the past.</p>



<p>He has experience with issues involving complex litigation.  And when legally and factually appropriate, he has obtained substantial verdicts on behalf of his clients.</p>



<p>Touch the Image Below.  Check out what it takes to be included in the Million Dollar Advocates Forum.
</p>



<h2 class="wp-block-heading" id="h-what-kinds-of-damages-and-losses-are-considered">What kinds of damages and losses are considered?</h2>



<p>
What we can do is work to get things like funeral expenses and lost wages covered.  It’s not at all usual to see tremendous medical bills associated with a traumatic injury or semi truck wreck.</p>



<p>We see things like ambulance and helicopter emergency transport costs, EMS Emergency Medical Services Treatment, ER Emergency Room, CAT, MRI, Radiographic Imagery, Physician, Nurse, and Medical bills.</p>



<p>Those bills don’t simply go away.  The hospitals and doctors demand payment.</p>



<p>So we help people get through their time of loss.  We help people negotiate an Insurance Settlement, and if the level of coverage is not enough, sometimes we help people by engaging in litigation or filing suit.
</p>



<h2 class="wp-block-heading" id="h-how-is-a-settlement-determined">How is a Settlement determined?</h2>



<p>
As stated, we look a lot of different things.</p>



<p>In addition to determining the “causality of the wreck,” we also figure out the consequences or damages or losses.</p>



<p>Personal Injury Lawyers spend their days looking at accident reports and medical records.</p>



<p>Because of recent changes in accident laws in North Carolina, we often prepare what lawyers refer to as a “Demand Packa</p>



<p>We set forth the cause the wreck, who was negligent, and thereafter explain what things cost and why.</p>



<p>Thereafter we spend time providing documentation.  That may include billing statements or financial summaries.</p>



<p>When people are out of work, we normally provide proof of lost wages at work.</p>



<p>If people are permanently injured, we might prepare a “life plan,” showing how much help they’ll need in the future to survive.</p>



<p>That involves some pretty complicated math, as we’re engaged in trying to figure out what medical treatments will be necessarily in the future, how much that will cost, considering things like inflation, cost-of-living, and other financial variables.</p>



<p>Put simply, it can be complicated.</p>



<p>And because of that, determining a fair settlement in North Carolina can take time. . .and result in disputes, resulting in a lawsuit being filed when appropriate.
</p>



<h2 class="wp-block-heading" id="h-why-won-t-they-just-settle-they-caused-the-wreck">Why won’t they just settle?  They caused the wreck.</h2>



<p>
Great question.  The answer is, money.</p>



<p>Insurance companies are in the business of making profits for their Board of Directors and shareholders.</p>



<p>They are not in the business of making sure you get 100% of what you’re entitled to.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong><em>And when it comes to making money, nothing is more profitable to insurance companies than denying a claim – Danny Glover </em></strong></p>
</blockquote>


<div class="wp-block-image alignright">
<figure class=""><img decoding="async" src="/static/2017/12/Why-Claims-are-Denied-300x224.jpg" alt="Why-Claims-are-Denied-300x224"/></figure></div>


<p>
What is the maximum amount of compensation I can get from a car accident?  There isn’t a maximum.</p>



<p>But there is a minimum, and that is zero.</p>



<p>It is also to point out that just because a verdict or judgment is entered in a case, that doesn’t mean that money ever actually gets paid to you.</p>



<p>If there isn’t insurance coverage or enough insurance coverage, that very well may be part of the conversation and negotiations in obtaining a Settlement.</p>



<p>Finally, there also can be a minimum if the jury decides the person suing for recovery was at fault.</p>



<p>Again, that minimum may also turn out to be zero. . .or worse.</p>



<p>If you are deemed to have been contributorily negligent, you may receive no recovery or settlement and still be responsible for your medical bills.</p>



<p>Because of that, it makes sense to talk to an experienced courtroom litigator like Danny Glover.</p>



<p>He can help explain the process to you.  He offers a free, confidential consultation.  And Danny can help you determine the most appropriate manner in which to proceed.</p>



<p>Lawyers in North Carolina seek what is best for their client.</p>



<p>They consider a lot of different factors.  As such, the more experience they have, the better.</p>



<p>Give Danny a call now at:  (252)-299-5300</p>


<div class="wp-block-image">
<figure class="aligncenter size-full"><img loading="lazy" decoding="async" width="300" height="300" src="/static/2017/12/Transcript-for-Hearing-Impaired-COMPRESSED160711-57841e1c2397e-300x300-compressor-1.jpg" alt="Transcript-for-Hearing-Impaired-COMPRESSED160711-57841e1c2397e-300x300-compressor-1" class="wp-image-386102" srcset="/static/2017/12/Transcript-for-Hearing-Impaired-COMPRESSED160711-57841e1c2397e-300x300-compressor-1.jpg 300w, /static/2017/12/Transcript-for-Hearing-Impaired-COMPRESSED160711-57841e1c2397e-300x300-compressor-1-150x150.jpg 150w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<h2 class="wp-block-heading" id="h-modified-transcript-of-what-is-the-maximum-amount-of-compensation-i-can-get-from-a-car-accident-for-the-hearing-impaired"><strong>Modified Transcript of “What is the maximum amount of compensation I can get from a car accident?” for the Hearing Impaired</strong></h2>



<p>
There is no maximum compensation that you can get from a car wreck.</p>



<p>The jury decides how much the case is worth unless there’s already been a settlement.</p>



<p>There is no maximum amount that you can get.</p>



<p>Obviously, the more you’re hurt, the more your case is worth.</p>



<p>That amount that you get is either determined by an agreement between you and the insurance company or by the jury later at trial.</p>



<p>I’m Danny Glover with the Glover Law Firm. If you have any questions about your car wreck, give me a call. It’s completely free.</p>



<p>It’s confidential. I’ll be happy to talk to you.</p>
]]></content:encoded>
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