Irons & Irons P.A. Blog

Understanding North Carolina Car Accident Laws Post-Accident

Written by Harry Albritton | June 11, 2024 at 6:58 PM

The aftermath of a car accident can be stressful and confusing. In many cases, people reeling from an accident will make mistakes that prevent them from getting compensation later. That’s why it’s so important to know North Carolina car accident laws and act accordingly. If you know how to handle a car accident, you’ll have a much better chance of getting the compensation you deserve. 

North Carolina Car Accident Laws: What Should I Do Immediately After an Accident?

After an accident, stop your car in a safe place. Make sure to avoid obstructing traffic, which could result in further damage. Call for emergency medical help if anyone suffered serious injuries. 

Once you’ve made sure you’re safe, call the police. Even if everything seems fine now, you and your vehicle could have suffered more harm than you think. Always get the police to file a report and start a paper trail. 

Next, exchange the following information with the other driver:

  • Name
  • Address
  • Phone number
  • License plate number
  • Driver’s license number
  • Insurance details

This information will be necessary when filing your insurance claim and if there are any disputes later on.

After you’ve contacted authorities, take photos of the accident scene. These should include shots depicting vehicle damage, road conditions, and relevant traffic signs from multiple angles. Collect the names and contact information of any witnesses. If the other driver disputes what happened, photographic evidence will be vital. 

Do not make any agreements to forget the accident. Even if everything seems okay, there could be hidden damages or injuries. Be sure to follow the proper procedures and protect your rights.

Who Do I Contact to File a Claim?

Contact your insurance agent or company to file a claim. If the other driver is at fault, you will also need to contact their insurance company. The insurance adjuster assigned to your case will guide you through the next steps.

How Is Fault Determined in North Carolina?

In North Carolina, the insurance adjuster investigates the accident to determine fault. They base this adjustment on North Carolina’s car accident laws, especially the contributory negligence law. This law states that if you are even partially at fault, you cannot recover damages from the other party. Disputes over fault often go to court.

What If My Car Needs Repairs?

If your car is repairable, the insurance company should cover the repair costs. They might recommend a repair shop, but you have the right to choose your own. If the damage is severe enough, they may need to pay you the actual cash value. State law describes a car with repair costs above 75% of the pre-accident value as totaled. In this case, your insurer should pay you the total actual cash value of the car—the local market value immediately before the accident. 

What If I’m Injured?

Medical payment coverage can help with medical bills regardless of who is at fault. Bodily injury claims can cover a wide range of injury-related expenses, as well. These include economic losses such as medical expenses and lost wages but also cover damages for pain and suffering.

What If There’s a Disagreement With the Insurance Company?

If you disagree with the insurance company about the amount to be paid, you can use the appraisal provision in your policy. This involves each party selecting an appraiser and those appraisers selecting an umpire. The umpire and the two appraisers will make a binding decision to reach a fair settlement.

The Importance of North Carolina Car Accident Laws

Understanding North Carolina car accident laws helps you protect your rights and ensures you know what to expect after an accident. Be ready to handle the aftermath of an accident, and you’ll give yourself a much better chance at the compensation you deserve. But for the best odds, turn to Irons and Irons for your legal representation. 

Irons and Irons: The NC Law Firm You Can Trust 

If you've been involved in a car accident, don't navigate the complex legal and insurance processes alone. Irons & Irons is your trusted partner in effectively managing the aftermath of an accident. With many years of experience in North Carolina car accident laws, we're dedicated to ensuring you receive the maximum compensation you deserve. Contact us today for a consultation, and let us help you make the best decisions during this critical time. Call Irons & Irons, the law firm that stands by you every step of the way.