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Who was at fault in my accident?
When should I report my accident?
When should I contact an attorney?
Should I give a recorded statement?
Who pays for the property damage to my car?
Do I need to settle my claims at the same time?
What if the at-fault vehicle or driver is uninsured?
Can I receive money for injury from the accident?
Guidelines for handling an accident claim
 
The Kellum Law Firm has been representing accident victims for many years.  Whenever you are in an accident, there are many important steps to follow to assure that you obtain appropriate medical treatment and safeguard your legal rights.

 Here are some of the most common questions we receive about personal injury cases.

  1.          How do I know who was at fault in my accident?

   The investigating officer's report will document how the wreck occurred, and may indicate who the officer considers at fault in the accident.    However, the  insurance adjuster is not bound to follow the officer’s opinion.  Therefore, it is particularly important that you seek the advice of an experienced attorney who will conduct a thorough investigation in order to support and document  who is at fault.

 Investigation may include obtaining the accident report, statements from all parties and witnesses to the accident, and photographing the vehicles and the accident scene.  In certain circumstances it is necessary to retain an accident reconstruction expert or other engineering expert to support our claim.

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    2.         When should I report an accident to my insurance company or agent?

Immediately!  You should report all accidents to your insurance company, broker or agent as soon as possible so that they are not in a position to deny any legitimate claim that you might have.  In addition, your auto insurance may provide you with many benefits and services of which you are unaware.  Contacting your insurance company ensures that you will be entitled to the benefits you have paid for.

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  3.            When should I contact an attorney?

 Immediately after seeking medical treatment, you or a family member should contact an attorney with experience in injury, wrongful death or workers' compensation.  The laws regarding accidents in North Carolina are complex and can be confusing.  Whenever you have an accident and have any questions, feel free to contact the Kellum Law Firm.

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  4.         The insurance company has asked me to give a recorded statement. Should I give them a statement?

  Not until you have talked with a lawyer with experience in injury cases. Any recorded statement you give to the insurance company, can be used against you at a later hearing or trial of your case.  Questions can be confusing or misleading. Therefore, we urge you to consult an attorney prior to giving such a statement.  Our attorneys will be present to explain your rights, and to protect your interests during the statement.

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  5.            Who pays for the property damage to my car?

  If you are not at fault you have two options.  You can contact the insurance company of the person who is at fault for the accident.  This insurance company will only pay for damage to your car if they determine that their insured caused the accident.

 In the alternative, if you purchased collision coverage, you can contact your own automobile insurance company.  Your insurance company will pay for the damage to your car, less any deductibles, no matter who is at fault in the accident.

 The Kellum Law Firm will handle your property damage claim at no charge if the law firm is employed to handle your personal injury case.

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  6.         Do I have to settle my personal injury claim at the same time I settle my property damage claim?

  No, these claims are separate and distinct.  In fact, the property damage claim is usually settled long before the personal injury claim. 

It is important that you do not settle your personal injury claim until you have completed your treatment and have been released from care by your physician.  Once you settle your personal injury claim and sign a release you cannot later go back to the insurance company or the person who caused the wreck to seek additional sums of money.  This is true even if your doctor tells you that you need additional treatment or even surgery.

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  7.         What if the at-fault vehicle or the driver of that vehicle was uninsured at the time of the wreck?

  You will need to file an uninsured motorist claim with your own automobile insurance company.  This coverage may protect you in regard to both your property damage claim and your personal injury claim.  However, this coverage is not mandatory in North Carolina(liability coverage is), so unless you bought it, you will not have it. Check with your agent and if you do not have it, add it to your policy.

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  8.         If I am injured in a wreck, do I have the right to receive money for my injuries and pain and suffering caused by the accident?

  The answer to this question is complicated.  In order to have any right to collect for your injuries, the other driver involved in the accident must have been at fault.  If you did not cause the accident and have been hurt, you may be entitled to collect money damages for all reasonable and necessary medical bills, your lost wages (if your doctor has put you out of work), and a sum to fairly compensate you for your actual physical pain and mental suffering as well as disfigurement, permanent injury, or projected future medical costs.

  What you may be entitled to receive depends on the nature and extent of your injury. Only a thorough review of your case can determine that.  

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  Our attorneys remain available to advise you of your legal rights and the potential remedies available to fully compensate you for your injury.
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