Sometimes we have to make a liability claim against our own liability policy. This happens most often in inter-family claims where, perhaps, hubby was driving, screws up, causes a wreck, and wife is injured. Well, that’s what you have liability insurance for, so there’s no need to be shy. Make the claim!

But there is a little surprise lurking in that process for people who have opted to pay extra for medical payments coverage, or “med pay” as we call it in the business.

Let’s say your overall claim was worth $6000. Cool. Let’s also say that you have $2000 in Med Pay. That means your policy will pay out your $2000 in Med Pay, and your liability policy will then cover the remaining $4000. In other words, the liability policy gets a credit for Med Pay! But you’ve paid extra for that! Is that fair?

Well, it depends on your perspective. It’s allowed, so we’re stuck with it, so fair doesn’t really matter. But from the POV of the insurance companies, the claim is “worth” $6000, so why should they pay more? From our POV, though, they should pay the $6000 because that’s what the liability policy is on the hook for, and they should pay the $2000 because you’ve paid for it.

The current rule for the credit stands as of this writing. However, it is worth noting that if the liability policy pays out its limits, then it does not get a credit for Med Pay, in which case you’d get the limits PLUS the Med Pay. So there’s that.

This stuff is wacky, and you probably don’t have time to figure it all out, which is precisely why you should call me. If you have an injury claim call me at 919-929-2992.

Fault can be clear sometimes in automobile accidents. But sometimes, it’s really, really tricky to tell who is the responsible party.

Who had the right of way? Was anyone speeding? Were lights/blinkers in use? Should they have been? What were the conditions? There’s a ton to consider.

Can you tell from the accident report who the officer thought was at fault? Does that matter? Does the officer’s opinion control the issue? Can you read the semi-secret codes on the report? This is getting more and more complicated, which means it’s more likely you’re going to need help.

What makes that even more difficult in North Carolina is that we are a contributory negligence state. In short, that means if a person is even 1% at fault in their accident, then they can’t get anything from the person who is 99% at fault. This is crazy when you consider that in most states under those facts the 1% guy could get 99% of his damages from the other guy. That seems a lot more fair, but we have a really strong insurance lobby here, so they get to make the laws!

If you have a question about who is at fault in your auto accident in North Carolina, you’re probably in for an uphill battle. Call me for some advice and help. 919-929-2992.

I probably use this joke too much, but I often say that the “comp” in worker’s comp doesn’t stand for “compensation,” but for compromise.

In North Carolina Worker’s Comp was created as a compromise to help injured workers get the support necessary to get back to work, but to also not hold employers accountable for things they may not have caused.

Worker’s Compensation claims can be “comp” – licated too. It is a separate body of law unto itself and there’s a lot of weird stuff in there. But if you want to know what worker’s comp is supposed to do, in essence, here it is boiled down for you:

1. They should pay you for your time out of work. Granted, it’s only 66% of your average weekly wage, but it’s something.
2. They should pay for your treatment related to your injury. Yes, they get to choose the doctor, which can have a huge impact on the type and quality of care you get, but still, it’s something.
3. To the extent you have permanent impairment, you should get money for that. How much? Ask an attorney.

Worker’s Comp claims are wacky. Save yourself a lot of time and heart ache. Get an attorney. Call me at 919-929-2992.

I see this way too often.  Someone gets hurt, and they decide that they’ll try to handle the claim on their own until they feel like they need an attorney.  Then it gets ugly, and 2.5 years down the road, they have 6 months left on their statute of limitations, a tangled mess of a claim, and they struggle to find an attorney willing to jump in at such late notice.

Why mess around? I guess I understand…people hear so much negativity about lawyers, particularly personal injury lawyers, and they assume the worst.  Injury victims feel like they might be victimized twice if they hire an attorney, when the truth is that they’re victimizing themselves by NOT hiring an attorney.

If you wanted to build a house, would you try to build it on your own until it was time to put up the sheet rock, and THEN try to get an architect and contractor to come and make sure it was all right?  What are the chances you’ll just have to tear it all down and start over?  Probably pretty high.  But you can’t just start over with your injury claim; once you’ve made a mess of it, it’s a mess.

Don’t make this mistake when there is so much help available out there.  Reduce your chances of making a bad situation worse.  If you’re hurt in an accident, call an attorney.  Call me 919-929-2992.

It’s already tough enough being in an auto accident.  You’re hurt, you have a busted up car, and life is harder than it needs to be.  What makes it even worse is when the knucklehead who caused the accident flees the scene.  What do you do then?

Obviously, the most important thing is your health and safety, and the health and safety of everyone involved.  Check to make sure you’re taking care of that stuff first, then worry about the knucklehead.

After that, see if you can get any identifying info.  Take a picture before s/he runs? Of the person, the car, the tag?  Get any witness statements that you can.  Don’t forget their names and contact info.

Of course, you want to call law enforcement if that’s not already done.  Depending on the situation, they might be able to catch the person quickly, or at least track them down eventually.

What gets really frustrating is when the owner of the hit and run vehicle reports their vehicle stolen shortly after the accident.  This often occurs when abysmally unscrupulous people try to avoid consequences for their negligence, hoping that someone will believe their tale.  Sadly, it sometimes works.  But if you get law enforcement involved, and you’re luckier than you have been so far, that theory can be sunk.  Were the keys in the car?  That’s prima facie evidence of permission to drive.  Is the owner of the car mysteriously injured, kind of like they were just involved in an auto accident?  Any witnesses?

Whether or not you can put the right person in the bad guy’s car can really affect your insurance coverage situation.  Is this a liability claim, or did it just become an uninsured motorist claim?  We’ll have to see…

Injury claims are hard enough to deal with.  When you’re dealing with knuckleheads who lie, it only makes matters worse.  Get an attorney to help.  Get me to help.