Personal Injury Blog

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IIHS Top Safety Picks for 2016

IIHS (Insurance Institute for Highway Safety) conducts vehicle tests to determine crashworthiness — how well a vehicle protects its occupants in a crash.

It also rates vehicles for front crash prevention, systems that warn the driver or brake automatically to avoid or mitigate a frontal collision. The vehicles that perform best in the tests qualify for TOP SAFETY PICK.

Here is the list of the 2016 TOP PICKS:

http://www.iihs.org/iihs/ratings/TSP-List

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Medical Errors Are Leading Killer After Heart Disease and Cancer, Study Finds

From Bloomberg:

After heart disease and cancer, medical errors kill more Americans than anything else, claiming a quarter of a million lives a year, according to a study by researchers at Johns Hopkins University.

If bungles and safety lapses in the hospital were accounted for as deaths from disease and injury are, they would be the third most common cause of death in the U.S., leading to more fatalities than respiratory disease, the report in the British Medical Journal argues.

Medical error is a broad label. It could include delivering the wrong drug, misreading a patient's chart, or operating on the wrong organ. A famous report by the Institute of Medicine in 1999 alerted America to the toll, estimating that medical errors killed between 44,000 and 98,000 people a year. Even at the low end of that range, they would have been the eighth leading cause of death at the time, more deadly in the late 1990s than car crashes, breast cancer, or AIDS.

Since that landmark report was published, U.S. hospitals, doctors, insurers, and regulators have taken halting steps to improve the safety of medicine. It's an ongoing, decades-long effort to make health care more like aviation, a high-risk environment where safety is paramount, systems are designed to prevent mistakes, and fatalities are rare.

The new estimate, published today, draws on four studies of deaths due to errors that have come out since the 1999 report. The authors extrapolate from those findings to reach their estimate of 251,000 annual deaths. Even that figure, they say, probably underestimates the actual toll, because it includes only deaths in hospitals, not in out-patient surgery centers, nursing homes, or other health care settings. 

That doesn't mean deaths from medical errors have increased since the 1990s. Because different methodologies were used to come up with the numbers, it's hard to say what the trend looks like.

The American Hospital Association said in an emailed statement that while "one incident is too many," the industry has made progress. The group cited federal dataindicating that one type of patient harm, hospital-acquired infections, dropped by 17 percent between 2010 and 2014.

But the problem may well be undercounting, as the researchers warn, not overcounting. Public health authorities routinely tally deaths from diseases such as lung cancer and injuries such as auto crashes and drownings. They use that data to craft interventions—policies to discourage smoking or safety standards for cars and pools. There is no equivalent data for deaths from medical errors. Researchers can try to estimate the incidence, but they don't have precise tallies that show trends over time.

As a means of recording reliable data, the authors of the BMJ study call for a space on death certificates where doctors can indicate that a medical error contributed to the death. It may seem far-fetched to ask doctors to report their own mistakes, but at least one attempt to collect that information had high response rates and found that 5 percent of deaths may have been preventable. At Brigham and Women's Hospital in Boston, staff are even blogging about case studies of medical mistakes and the hospital's attempts to prevent them from happening again.

Perhaps because doctors and hospitals would worry that admitting errors might invite lawsuits, the Johns Hopkins authors alternatively suggest a system in which hospitals can investigate whether errors contributed to a death, assured that "data acquired for quality improvement is not discoverable" in court. 

The need for better data is clear. "Measuring the consequences of medical care on patient outcomes is an important prerequisite to creating a culture of learning from our mistakes," the authors write.

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Extreme Cases for Car Insurance

Although the majority of accidents occur between two individuals, operating two motor vehicles, some happen due to the negligence and carelessness of a single person.  Let's take a look at the following scenarios and see if your insurance is likely to provide coverage:

Hitting Your Own Car

The garage is a tight space and maybe your family fits three cars in a space designed for two. Maybe mom or dad left his or her car in the driveway and you don't notice it as you are backing out. 

Your liability insurance won't cover these types of damages. Yikes!  In fact, liability insurance only covers damages to another individual's property.  So, even if you have two different and distinct insurance policies for each of the vehicles, you still can't file it under liability.

Instead, what you can do is use your collision coverage (the same coverage you use if you hit an animal).  If the cars are under the same policy, one or both deductibles may be waived, and your cars will be repaired.  

Car, Meet House

Perhaps you come home late one night exhausted, and, although you swear you opened the garage door earlier, you accidentally run your car through your garage door. Your first reaction will be one of shock.  Your second will be one of fear as you think of how you could possibly pay for another garage door.  

Unfortunately, your car insurance, specifically your collision coverage, will only cover for damages to the vehicle as a result of the accident.  If you want to replace or repair the garage door, you will have to go through your homeowner's policy for coverage.

Self-Injury

What about if you, absentmindedly, slam the car door on your foot or your hand?  What about if, as you are working on the hood of your car, a tree branch falls causing the hood to fall on you.  In both of these scenarios, the owner of the car may be seriously injured with a strong likelihood of continued and lasting pain.  

If you have extended your general liability insurance to include Personal Injury Protection (PIP Insurance) or Medical Payments Coverage, then you may be in luck.  PIP and Medical Payments coverage works as a more comprehensive MedPay insurance and is often called the "no-fault insurance."  As a result, you may be entitled to have your hospital bill and other related medical expenses covered by your auto insurance carrier.

Damage from a Driverless Car

Finally, what if you park your car on the slope of a hill and forget to put on the parking brake. While you go on about your business, the car begins its descent and finds a resting position only after running over the neighbor's bushes.  What then?  

Your car will be covered, once again, under the collision coverage while the bushes can be fixed up thanks to the property damage liability insurance.  Your car insurance covers more than you would expect, providing you have the correct coverage!

North Carolina only requires that drivers have liability insurance and uninsured coverage, but the other types of insurance surely come in handy in different scenarios.  Check out our newsletter on the benefits of UIM or UM Insurance for more information! 

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New Year, New Laws

We at Semirog Law Firm, pllc hope that everyone has had a restful holiday season and wish a very Happy New Year to all! 

With the new year come several changes to the North Carolina General Statutes. Let’s take a look at some of the more significant changes:

Firstly, if you remember this article, you’ll have been exposed to the interesting law banning foul language on the roadways, except for two counties in North Carolina.  House Bill 765  repeals G.S. 14-197 so that drivers may now use “profane and indecent language on public highways” without the threat of a misdemeanor. 

With Senate Bill 621, the Division of Motor Vehicles is going green as, with the driver’s consent, it may now send notification of fees or renewal via e-mail.  Hopefully it won’t be marked as spam!

House Bill 97 will satisfy your inquiries about the funding of governmental agencies and agents in 2016.  We see a general trend developing: increased fees in governmental agencies, which includes the court system and Division of Motor Vehicles.

Senate Bill 20 actually lowers the motor fuel tax from 36¢ to 35¢ for the first half of the year and again to 34¢ after July.

Although the New Year brings about a whole slew of changes across the board, these changes are usually not relevant to your driving conduct.  Be sure to check out the other modifications to Firearm Laws or even voting for the upcoming election.  Make it your resolution to read up and stay informed.   

Stay safe on the roads!

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Auto Insurance Points Explained

In this exciting Newsletter, we will take a look at the North Carolina Department of Insurance (NCDOI)'s Safe Driver Incentive Plan.  The goal of this program is to "give drivers a financial incentive to practice safe driving habits."  In reality, the NCDOI is punishing bad drivers and putting it into strict monetary terms that anyone can understand.  

This point system should not be confused with the Department of Motor Vehicle (DMV)'s point system (found on page 29 of the NCDMV Driver's Handbook, the accumulation of which can result in a license suspension.  The Safe Driver Incentive Plan specifically deals with insurance rates and convictions of certain offenses can increase your insurance by 30% or even up to 340%.  You can see a striking example in an article we published in June of 2013; the program has not changed much since then.  

When you go to apply for coverage or to renew your insurance policy, the company takes into consideration the past three (3) years, or the "Experience Period."   

For a detailed breakdown of the point system, please see below:

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New Legislation for October 2015

As the fall is clearly upon us, a new wave of legislation enters into effect on October 01, 2015. Let's take a look at the changes to NC General Statutes that affect you directly on the roads:

The first major change pertains to a new type of motor vehicle: the autocycle.  But what exactly is an autocycle?  Something between a motorcycle and an automobile, House Bill 6 defines it as: 

Autocycle. – A three-wheeled motorcycle that has a steering wheel, pedals, seat safety belts for each occupant, antilock brakes, air bag protection, completely enclosed seating that does not require the operator to straddle or sit astride, and is otherwise manufactured to comply with federal safety requirements for motorcycles

The bill goes on to further specify that the autocycle is to be treated much more like a regular car than a motorcycle.  You will need a regular driver's license to operate an autocycle (though you can't take the driving test in one) and it must meet much of the same safety regulations as motor vehicles do currently.  This bill is more or less a mirror of  a recent federal document entitled the Autocycle Safety Act, introduced in the Senate in March. 

Next, the Senate introduced Bill 541 which regulates "Transportation Network Companies" and their relationship with the long-established taxi services already provided.  This bill likely grew out of the growing concerns of taxi companies upon seeing the rise of businesses like Uber.  The bill has two major components: financial responsibility and safety.  New regulations govern these transportation network companies making sure that passengers are safe, drivers are capable, and, in the event of an accident, all parties can recover adequately. 

Senate Bill 97, a monstrositous four hundred and twenty-nine page document, hides small changes across the board to increase state funding.  We will try to enumerate relevant material here:

Renewal fee for all types of licenses increased from $4.00 to $5.00 a year;

Motorcycle endorsement fee increased from $1.75 to $2.30;

Restoration fee after revocation of license increased from $50.00 to $65.00 or, if revoked under 20-17(a)(2), from $100.00 to $130.00;

Limited Learner's Permit fee increased from $15.00 to $20.00;

Duplicate license fee increased from $10.00 to $13.00; 

Driver Improvement Clinic fee increased from $50.00 to $65.00;

Similar increases to fees regarding commercial driver's licenses;

In addition to these smaller changes, Bill 97 introduces a new section 20-88.03 that imposes a late registration fee.   The above-mentioned fees and others related to motor vehicles are to be adjusted again in 2020 and every four years afterwards.

Senate Bill 90, a much smaller document, clarifies that motor vehicles must have two stop lamps (previously "brake lights"), one on each side.  Presumably, some cheeky person found a loophole and, taking advantage of the ambiguity, produced a car with stop lamps on one side of the car, clearly with reduced safety.

House Bill 102 enlarges the "Move-Over Law," which requires that drivers move over for stopped emergency and law enforcement vehicles.  It now includes vehicles used "in the collection of refuse, solid waste, or recycling."  Not moving over is considered negligence per se. 

House Bill 229, while making several statutes gender neutral, allows people with a limited driving privilege to drive to his or her place of religious worship.

The bills we mention today pertain to your experiences on the roadways, but Senators and Legislators in general have been busy codifying practice and amending previous statutes across the board.  Be sure to check back here for the most current automobile related legislation updates.

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Out of State Accidents

Anytime you are driving, you are at risk for a motor vehicle accident.  Fortune doesn't protect you once you cross the state boundaries, so it is important to know how to handle your out-of-town accident.

Coverage Firstly, you need to check where your policy covers.  For example, most policies cover accidents that occur in all of the United States (including those territories that belong to the US).  Depending on the policy, it may cover accidents in North America, that is to say Mexico and Canada.  Unfortunately, most limit it to the former.

Adjuster Assuming that your accident occurs in the United States, the process is much the same: file an insurance claim against the at-fault policy holder.  The insurance adjuster will either be from your hometown or from the accident location, depending on the circumstances.  Big insurance companies prefer the latter because adjusters are more familiar with where they live and the laws that govern.  

Repairs Your car may have sustained serious property damage and therefore it will need repairs and possibly towing.  Your choices are to tow to the nearest facility and repair the vehicle out-of-town or to tow your car all the way back home, however far that may be.  An insurance company cannot tell you to go to a specific repair service and the amount they pay cannot be influenced for not choosing an "approved" repairman.

Towing If you plan to go back home for repairs, be prepared to fight for your towing bill.  Insurance companies consider "reasonable" expenses, so they may only want to pay a portion of the bill.  You are entitled to recover a reasonable amount, and according to us, that means all of it!

Counsel Finally, you must consider the laws of whichever state or country you were in at the time of the accident.  This is why you need an attorney familiar with the laws of the State where misfortune struck.  When in doubt, your local attorney Serge Semirog will always be happy to help!

If you are an out-of-state driver coming through Charlotte, or a Charlottean out-of-state with an unexpected accident, give us a call: 704-759-6110.

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Differences between Agressive and Reckless Driving

These two offenses may seem to be identical, however, after short review of the the North Carolina General Statutes, the difference becomes move evident.  Let's take a look at the definitions according to North Carolina law:

§ 20-141.6.  Aggressive Driving. Any person who operates a motor vehicle on a street, highway, or public roadway is guilty of aggressive driving if the person: (1) Violates either G.S. 20-141 or G.S. 20-141.1, and (2) Drives carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.

This particular law goes over what is aggressive driving.  G.S. 20-141 and G.S. 20-141.1, which are referenced in the definition of Aggressive Driving, refer to Speed restrictions and Speed limits in school zones.  

The statutes goes on to list certain violations that can be classified as aggressive driving including:

running a traffic signal,

illegal passing,

failing to yield right of way, and

following too closely.  

The law concludes by defining the offense as a class 1 misdemeanor and stating that "The offense of reckless driving under G.S. 20-140 is a lesser-included offense of [aggressive driving]."  

Let's consider what constitutes as "reckless" driving now:

§ 20-140.  Reckless driving.

Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful and wanton disregard of the rights or safety of others shall be guilty of reckless driving.

Any person who drives...without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.

Further in the statute it says that Reckless driving is a class 2 misdemeanor.  The wording of both laws seem to be eerily similar ("wanton disregard of the rights and safety of others").  The primary difference is that 20-140 Reckless Driving does not go into detail of how to prove that someone violated the law.  The statute is intentionally vague so as to encompass all of the unwise actions people take on the road. 

In the end, Aggressive Driving is Reckless Driving, but Reckless Driving is not Aggressive Driving. 

Aggressive Driving is a class 1 misdemeanor (akin to Selling Alcohol to Minors or Blackmail) while Reckless Driving is a class 2 misdemeanor (akin to Simple Assault or Texting While Driving).  

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Underlying Factors Behind Motor Vehicle Accidents

When someone is in a car crash, it is likely due to a driver's carelessness and human error.  If you happen to be on the receiving end of the accident, make sure to watch out for the following symptoms which suggest that the other driver was not at 100%:

Alcohol or Drug Usage

Naturally, alcohol and drugs have severe effects on the human body, especially behind the wheel.  An alarming number of fatal motor vehicle accidents are linked to alcohol or drug consumption prior to the incident.  

If the driver gets out of his car but is unable to stand up straight or walk in a straight line, he or she may have been driving under the influence.  Maybe the driver's eyes are glazed over, or perhaps he or she is twitching uncontrollably and unable to stay attentive, suggesting prior drug use.  At any rate, the driver should not be behind the wheel!

Fatigue

No matter how much coffee we consume, fatigue catches ups to us and hits hard. Just waking up or teetering after an exhausting ten-hour shift, reaction times are slowed and your attention is elsewhere. The circumstances don't matter; if a driver's eyes can't stay open and he or she can't react to stimuli in a timely manner, they should not be driving.

New Driver

Music blaring, window down, and singing along with all of their friends in the car, young drivers have an incredibly high chance to get in a car accident due to their inexperience (and this is certainly reflected in their car insurance premiums!).  If you notice that the other driver most likely just got their license within the year, he or she will probably be incredibly shaken, no matter the severity.  Assure the other driver that everything will be fine, and teach him or her how to exchange insurance information so that you can still recover.

Old

On the other hand, if the driver is going significantly slower than the average speed, eyes glued to the road but could still miss a deer even if it was right in front of him or her, it is likely that the driver is simply old.  With old age comes deterioration in reaction times and eye sight among other things.  These are notable contributing factors to motor vehicle accidents.

Physical Impairment

Let's say one day, little Johnny is about to go for a drive.  But, oh no!, little Johnny forgot where his glasses are and can't see all too well.  And, even though his license states that he requires corrective lenses, he still needs to drive and does so.  As a result, Johnny gets into a wreck because he didn't see that the speed limit was much lower than he thought.  Double-check that the driver can see properly, otherwise you may miss a very important contributing factor.

Distraction

Finally, usually presented in combination with some of the other problems, drivers can simply be distracted.  Ranging from texting while driving or being really into the song on the radio or even eating while driving (not to mention putting on makeup, getting dressed, or shaving), distractions are ever-present.  An open container of Chinese or a cell phone in the driver's hands suggests that he or she was probably more concerned about food or the person on the other line rather than safety on the road.  

Any number of elements can contribute to motor vehicle accidents so be on the look-out should you ever be in such an unfortunate circumstance.  

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What NOT to do After an Accident

Immediately after a car crash, you will probably feel a mix of emotions: anger for not being more careful, guilt for causing harm to another person, shame knowing you will have to tell your family and friends, annoyance knowing the trouble you are about to go through, and shock above all else.

Nevertheless, now is not the time to loose control of your head.  Now, more than ever, you need to remain calm and be sure not to fall into obvious pitfalls that may harm your claim:

Do Not Apologize

Naturally, your guilt and pity towards the other driver(s) will make you feel as if you need to apologize, but should your apology be brought up when talking to the adjuster or in a court of law before your peers, it may be considered admittance.  

Do Not Leave the Scene

You have a duty to stop after an accident. If you do not stop, you will be in violation of the law.  No matter how small the accident is, you must stop and remain at the scene.

Do Not "Leave the Police Out of It"

If you do not call 911 after your vehicular emergency, you are leaving yourself wide open for bad information.  If the other driver gives you an insurance card, how do you know it is real?  Without the police to verify everything, you may have no insurance to call and no police report to reference.  Your claim will be much harder to handle.

Do Not Be Aggressive Toward the Other Driver

You may feel furious after your accident.  You may think that it is all the other person's fault and not yours and you may naturally be angered.  Yelling and screaming at each other will not help in any way.  Plus, using profane or indecent language on public highways is illegal and punishable. 

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Salvage Your Claim

A salvaged vehicle is an automobile that has been repaired after having been declared a total loss by an insurance company.  In North Carolina, a total loss is when the vehicle is damaged in excess of 75% of the car's fair market value.  Once it has been damaged in such a way, the vehicle is assigned a salvaged title which must be declared in a damage disclosure form when the vehicle is transferred to a new owner.  

Now imagine that this poor unfortunate car gets in another accident and the new owner opens up an insurance claim.  Let's consider what happens when the new owner asks to recover for property damage to the vehicle and the car's diminished value.

When it comes to property damage on a salvaged vehicle, distinguishing between prior damage and damage accrued as a result of the accident may present a potential problem.

The value of the salvaged vehicle is fairly difficult to determine as it may be impossible to find similar vehicles on the market.  

As a result, insurance company may decide to arbitrarily reduce the value of your car by up to 50% solely because of the salvage title .  

As for diminished value (assuming that the car did not, once again, depreciate more than 75% of its value and is not a total loss), what can you expect to recover?  The issue here is that once again the fair market value is in question.  The insurance company's appraiser will likely crunch some numbers and ascertain that the vehicle is worth so little to begin with that the diminished value would be negligible.  

While you may be purchasing a salvaged car for thousands less than a comparable vehicle with a clean title, a salvage title certainly has drawbacks when it comes to auto insurance claims.  A salvage title does not bar your claims, but the road to recovery becomes much more difficult.  

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Auto-Accident Damages

Most people when they file an auto claim with at-fault insurance company just ask to be compensated for the accident in whatever fashion the insurance company sees fit.  

Naively, most expect that insurance company will treat them fairly and pay them all they deserve.

What they need to understand is that damages come in a variety of types and you have the right to recover all damages applicable to your situation.  Damages can be divided into two main categories: property damage (PD) and bodily or personal injury (BI).  

Property Damage

Diminished Value: If your car lost value as a result of the accident, the insurance company must pay you the difference.  This is calculated by finding the difference between the fair market value before the accident and what it would sell for afterwards.

Loss of Use of Vehicle: The insurance company must pay back the driver for every day he/she can't use their vehicle unless insurance provides a rental.  You loose the use of your vehicle while its not drivable or in a repair shop and therefore entitled to recover for such loss of use. 

Personal Injury

Medical Expenses: This includes all bills from medical facilities, hospital physicians, chiropractors - any medical practitioner that treated you for your injuries.

Pain and Suffering: Normally included in the lump sum settlement payment, this compensates you for the pain and suffering both physical and emotional caused by the accident.

Loss of Business Income or Earnings: If you were employed at the time of the accident, you can recover the wages or business income lost because you were unable to go to work or partially disabled or incapable of performing the normal work duties.  

Scarring and Disfigurement: As a result of the accident you could sustained and therefore can be entitled to financial compensation for the cost of a scar revision surgery. 

Permanent Injury: Sometimes, passengers in a car during a motor vehicle accident may continue to feel the side effects of the injuries for the rest of his or her life.  As a result, the insurance company must compensate you for any future medical treatment you may require.

Future Worth in Present Value: Finally, if the aggrieved believes he or she will continue to incur various expenses as a result of the accident, he or she must be compensated.  

However, the courts have will generally awarded the present (discounted) value of any future payments.

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UM, What Insurance?

Although North Carolina legislators have set a standard for automobile insurance policies for all drivers, in some cases one driver will be uninsured or underinsured.  In this case, we look at UM (Uninsured Motorist Coverage) and UIM (Underinsured Motorist Coverage).

UM

Uninsured Motorist Coverage pays for damages that are caused by a negligent driver that has no insurance or has insurance at the level of North Carolina's minimum policy limits (ex. a driver from out-of-state).  This policy can also cover you in the case of a hit-and-run driver.  For UM coverage to apply, the only requirement is that the unidentified vehicle made contact with the vehicle occupied by the injured party (which means that it doesn't apply in the case that you return to your parked car to find it damaged).

UIM

Underinsured Motorist Coverage pays for damages caused by a negligent driver that has insufficient insurance coverage to cover all of the injured party's damages.  However, this coverage only pays up to the difference between the amount of UIM coverage and the amount of liability coverage for an underinsured vehicle.  

These types of coverage can be found in your personal policy, in the insurance policy for the vehicle, in the policy for the driver, in the policy of any of the injured party's family members, or in any commercial policies that may insure the injured party.  

It is important to note that North Carolina allows inter-policy stacking.  For example, if you have UIM coverage for $100,000 and your parents have UIM coverage for another $100,000, your total coverage goes up to $200,000! 

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What is a Diminished Value Claim?

When your vehicle sustains damages in an accident, it inevitably looses its market value.  It may look the same.  It may drive the same.  And, if the repairs are done correctly, no one should be able to tell that it was even in a collision in the first place.  BUT, THE CAR HAS STILL LOST $.   

Anyone ca request a disclosure of accident history or use reporting agencies such asCarFax to determine its accident history.

Moreover, when asked by a potential buyer about the accident history of your vehicle, concealing such would be an actionable and material misrepresentation. 

“North Carolina is committed to the general rule that the measure of damages for injury to personal property is the difference between the market value of the damaged property immediately before and after the accident.”

— https://www.courtlistener.com/opinion/1364441/matter-of-davis/

The bottom line, the insurance company owes you compensation since you will not be able to sell your car for the same amount as you could before the accident.

Not surprisingly, an insurance adjuster would NEVER volunteer this information to you or offer a diminished value compensation.  Even more striking, an adjuster would frequently and unreasonably affirm that your vehicle has not lost any value, despite the extensive damage to it.

YOU ARE ENTITLED TO RECOVER YOUR VEHICLE'S LOST VALUE!

CALL US TODAY [phone].  

WE ONLY GET PAID ONCE AND IF WE RECOVER DIMINISHED VALUE COMPENSATION FOR YOU!

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Tweeting Your Trauma

In this day and age of social media, we share everything about ourselves - the good, the bad, and the ugly.  Social media sites such as Facebook and Twitter are a fairly mundane experience to most people.  We post and tweet every single day!

However your status update about driving down the highway may come back to haunt you should your insurance claim go to court. The opposing attorney can use your social media postings against you.  He or she can show that you are active on social media behind the wheel (which means that you are texting and driving, an illegal activity by the way) or reduce your credibility if the one-hundred and forty characters paint you in a bad light. 

As a result, North Carolina attorneys have asked if they may advise their clients to remove existing postings.  And, in response, the NC Bar has replied with a resounding "NO" if the postings refer to the existing lawsuit or accident.  

Relevant social media postings must be preserved.

Social media are considered evidence in a court of law and therefore removing the postings would be considered "spoliation of evidence" or "obstruction of justice" - a violation of the law.  

What we can tell you is to set your security and privacy settings on social media pages to the highest level of restricted access.  This makes sure that strangers are unable to see your day-to-day activity, and lawyers must rely on a court order to obtain any relevant social media postings.

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You think you can handle your auto accident claim on your own?

In that case, make sure that you understand:

The subrogation laws of North Carolina?

Your coverage for underinsurance and the set-off laws of North Carolina?

What is the statute of limitations on your case?

The true value of your case?

What is contributory negligence and "last clear chance" doctrine?

How to read an excess letter?

When to file suit and when not to file suit?

What is punitive damages and when can you claim it?

How to get your hospital and doctor bills reduced and much more.​ 

If any of the above confuses you - then get competent representation instead.  

A car accident attorney will always handle your matter on a contingent basis.  Which means you will only have to pay the attorney's fee once he/she obtains monetary compensation for you.  

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New Legislation for August 2015

August this year seems to be a quiet month for legislation.  In regard to automobiles, there is only one new change that you should be aware of: Senate Bill 345. 

This bill amends Chapter 20 of the North Carolina General Statutes pertaining to motor vehicles, and specifically adds a new section, 20-166.3, to clarify the maximum amount of time that the police may keep an impounded vehicle after a collision.  The section will read as follows:

"§ 20-166.3. Limit storage duration for vehicle damaged as a result of a collision.

(a) Limited Duration of Storage. – A motor vehicle that is towed and stored at the direction of a law enforcement agency following a collision may be held for evidence for not more than 20 days without a court order. Absent a court order, the vehicle must be released to the vehicle owner, insurer, or lien holder upon payment of the towing and storage fees.

(b) Application. – This section shall not apply to a motor vehicle (i) seized as a result of a violation of law or (ii) abandoned by the owner."

This new section will apply to any vehicles impounded after August 1st, 2015.  As a result, drivers cannot be deprived of their transportation for an unreasonably long time, or at least it got a lot more difficult to keep a motor vehicle for an extended period of time.  Senate Bill 345 clarifies the law and protects every day drivers from possible police abuse of the system. 

Remember to keep up-to-date on NC Legislation.  Have you seen the new laws on mopeds?