The attorneys of Mitchell, Brewer, Richardson, Ronnie Mitchell and Coy Brewer, are experienced trial lawyers who are well known for their capable handling of personal injury cases. They have successfully handled hundreds of cases involving injuries caused by the negligence of others.

Personal Injury Cases

In North Carolina a victim can recover from a person who negligently caused the victim's injuries money damages for medical expenses, lost wages, pain and suffering. You should consult an attorney to determine the damages that may be recovered in your particular case.

The amount of a recovery cannot be determined with real certainty until a trial or settlement. Estimates cannot even be given without specific knowledge of a case in great detail. Also, there is no guarantee you will recover anything for your injuries. Insurance companies now offer to pay far less for injury claims than they did a few years ago. The amount, if any, that you will recover depends on many factors, including the severity of your injuries, the amount of your medical bills, who caused your accident and the amount of available insurance coverage. The skills and experience of your attorney can also effect how much, if any, you recover for your injuries.

(For more specific information on many aspects of personal injury claims and answers to commonly asked questions, simply scroll down the page or click on one of the topics listed below.)

Reporting an Accident

Police Reports

Tickets

The Insurance Company

Property Damage

Rental Cars

Insurance Coverage

Medical Care

Injury Claims

Lawyers

The following are some of the most frequently asked questions about car crash cases. While this general information may be informative to you, it would be better to consult with an attorney before you make a final decision about your case or claim. You can reach us by telephone at (910) 678-8900 between 8:30 a.m. and 5:00 p.m. Monday through Friday. After hours, you may leave a message for us by dialing the extension of the attorney or staff member you wish to reach. You can page us by dialing 1-800-498-3454 anytime.

Reporting an Accident

To whom should I report a wreck ? You should immediately report any wreck to the highway patrol if you are involved in a collision outside a city's or town's limits, or if the crash occurs within a city or town, then call the local police and let them investigate before leaving the wreck scene unless emergency medical care is needed. Simply exchanging information with the other driver without calling the police can be a big mistake if later there is an argument over who caused the wreck. Report any collision to your insurance agent or directly to your insurance company as soon as you can after a wreck.

Police Reports

How do I get a police report? To get a copy of a police accident report, call the highway patrol office or the police department which investigated your wreck to see if the accident report is ready. Ordinarily there is a charge for a copy of the report.

What if there is no police report? If the police did not come to your wreck scene and make a report, you may need the assistance of an attorney. Claims based on unreported accidents are rarely successful.

What if there is a mistake in the police report? Police officers are human and their accident reports sometimes contain mistakes. Some departments allow their officers to issue corrected reports if you call and point out the mistake to them. Don't worry too much if the report on your accident contains an error. You should simply be prepared to explain the mistake to the insurance company and, if needed, prove what really happened.

Tickets

How can I fight the ticket I received? If the police give you a ticket after an accident, you should carefully read the ticket to determine the date of the court appearance. You should then contact an attorney immediately. Usually the assistance of a capable lawyer can help you in many ways in fighting a traffic ticket. Even if you feel that you were at fault (at least to some extent) you should not simply "pay off" the ticket or "plead guilty." You should consult with an attorney first. Such consultations with Mitchell, Brewer, Richardson are free and are without charge initially. Click here for more information on traffic court charges and license and insurance points.

The Insurance Company

Who is the insurance adjuster? The insurance adjuster is an insurance company employee who will deal with you on the phone or in person about your property damage and injuries. Insurance adjustors are smart, highly trained people who may be friendly and helpful. However, the adjuster's job is to pay you as little as possible for your claim. Always remember that anything you tell the adjuster can and will be used against you. If you are injured, it is usually wise to consult with a lawyer before you give any form of a recorded statement to an adjuster.

How do I contact the insurance company? The other driver's insurance may contact you after a wreck. Sometimes no one calls. In these circumstances you may need to contact an attorney or you may decide to contact the other insurance company yourself. Once you know the name of the other driver's insurance (which should be shown on the "exchange slip" and in the police accident report), look up the company in the phone book or call insurance agents who sell insurance for that company. You can call the other driver to see if he or she will help you get in touch with their insurance company. Experienced accident attorneys will know how to contact most insurance companies. When you deal with an insurance company, you will need to know the claim number, the date of accident and the names of the people involved.

Should I sign authorizations or a release? Many insurance companies ask injured accident victims to sign medical authorizations that allow insurance adjustors to obtain medical records and talk to their doctors. Signing a medical authorization allows strangers who are not on your side to snoop into your private, medical information. (Most attorneys advise their clients not to sign medical authorizations for insurance companies.) You may be asked to sign a release if you settle your claim. (Read all releases very carefully and talk to a lawyer before signing.)

Property Damage

How do I get my car fixed? If the other driver caused the wreck and has liability insurance, then the other driver's insurance company should pay to repair your car. An appraiser may come out to look at your car or you may be asked to drive your car to a local claims office for a repair estimate. Once you have the insurance company's repair estimate, take it to a body shop or repair facility and they will usually do the work for the price quoted. If the insurance repair estimate is too low or if additional work needs to be done, you will need to resolve that with the insurance adjuster before you sign the check or anything else, such as a release.

When is a car totaled? A car is "totaled", that is, it is treated as a "total loss" if repairs would cost more than the fair market value of the car.

How much will I be paid for a totaled car? If your car is totaled, you are owed the fair market value of the car. The fair market value is the price you could have sold the car for in the condition it was in just before the wreck. "Fair market value" does not mean what the car was worth to you; it means what a willing buyer would pay an ordinary reasonable willing seller for that type of car. The values of newer cars can be found in "the blue book" or the yellow booklet called the NADA Guide to Used Cars which is available in bookstores. Classified ads and the opinions of used car salespeople can be used to establish the values of older cars. There is almost always room for negotiation when it comes to car values, so be sure to bargain with the insurance company. But, what if I owe too much on my car? There is no easy answer if your car is totaled and you owe more than the vehicle is worth (that is, where the fair market value is less than the "pay-off" on the car, meaning you owe more than the car is worth). The insurance company only owes you the amount that it would take to repair your car, or if your car is worth less than the cost of repairs, then the insurance company owes you what your car is worth, not necessarily what you owe on it. If you find yourself in this situation, you need to contact your bank or loan company and work with them. They might be willing to help you finance a new car with little or no money down. Unfortunately, most people who owe more on a car than it is worth when it is wrecked end up losing financially if their car is totaled in a wreck.

Rental Cars

How do I get a rental car? You should contact the insurance company for the other driver who was at fault and request a rental car. Once it accepts responsibility for the wreck, that insurance company may arrange for you to get a rented vehicle from a local rental company. If there is a delay or the other insurance company refuses to help with a rental car you may have to use your own insurance, if you have rental car coverage, or use your own credit card. This situation is one that you may wish to discuss with an attorney.

How long can I have a rental car? If the insurance company authorizes a rental vehicle, then, usually, the insurance company will only pay for a rental car up until your car is repaired or is declared a total loss and you are offered fair market value for your car.

Who pays for the rental car? Eventually, the other driver or that driver's insurance company should pay for the rental car if its driver was at fault. You may have to use your own insurance, if you have rental car coverage, or your own credit card to rent a car if the other driver's insurance delays or refuses to pay. You may need to consult with an attorney about such a situation.

Insurance Coverage

What is "full coverage" auto insurance? We would be happy to help you determine whether you have "full coverage" auto insurance which includes more than just the minimum liability insurance required by state law. (In North Carolina many drivers carry only the mandatory minimum coverage required by law, known as 30/60 coverage. Many others fail to have any coverage at all.) Full coverage auto insurance includes liability, uninsured motorist and underinsured motorist coverage, collision damage insurance, and coverage for rental and towing expenses. If acceptable to you, we would prefer to review the declarations page of your insurance policy to determine your coverage.

What if the other driver is uninsured? If the other driver does not have insurance, you can still be paid if you have uninsured motorist coverage as part of your own auto policy (or if the driver or owner of the car you were in has this coverage). Uninsured motorist coverage in effect pretends it is insurance for the other driver and can pay for your injuries and property damage if the other, uninsured driver was at fault.

Whose auto insurance covers me? Deciding whose auto insurance covers you can often be a tricky legal question that may require a consultation with a lawyer. You may be able to recover some benefits from your own auto insurance policy. If you were in someone else’s car, you may be covered by the vehicle owner’s insurance. If you were a passenger, your driver’s insurance might provide you coverage. If you are hurt in a car wreck while doing your job, you may be covered by workers’ compensation insurance. It often takes a lawyer to help seriously injured accident victims decide which insurance policies may provide payments.

What is liability insurance? Liability insurance is the coverage that protects drivers from claims or lawsuits if they cause a wreck. Liability insurance is required by state law.

What is Uninsured Motorist Coverage? If the other driver does not have insurance, you can still be paid if you have uninsured motorist coverage as part of your own auto policy (or if the driver or owner of the car you were in has this coverage). Uninsured motorist coverage, in effect, takes the place of insurance for the other driver and may pay for your injuries and property damage if the other, uninsured driver was at fault. In such circumstances, your insurance company will act as if it were the insurance company for the other driver. Be very careful in dealing with your own company. It would be wise to consult with an attorney before dealing with your own insurance carrier.

What is Underinsured Motorist Coverage? In very serious accidents, where people are badly hurt, the responsible driver may not have enough liability insurance to pay the victim’s damages. Underinsured motorist coverage can pay additional benefits to motorists who are badly hurt or killed if the responsible driver does not have large enough liability insurance limits. The accident victim might be covered by his own underinsured motorist (UIM) coverage or by the underinsured motorist coverage of the owner or driver of the car the victim was in. In such circumstances, your insurance company will act very much like it would in an uninsured motorist case, as if it were the insurance company for the other driver. Be very careful in dealing with your own company. It would be wise to consult with an attorney before dealing with your own insurance carrier. It is often necessary to consult a lawyer to find out if you can receive benefits from UIM motorist coverage.

What if my health insurance pays? If your health insurance offered through your employer pays for some of your medical bills caused by the wreck, you may have to pay your health insurance plan back if you make a recovery from the other driver's insurance. This is called subrogation and is part of many health insurance plans. Still, you should not hesitate to use your own health insurance and to seek all of the medical care and attention that you may need.

Medical Care

Where should I get treatment? You should see the doctor or health care provider who can provide you with the best treatment for your injures. Usually, you should consult with your family doctor after a wreck unless your doctor instructs you otherwise when you contact his or her office after a wreck.

If you have already been to an emergency room after your wreck and the emergency room has provided you with a doctor's name for "follow up," you should contact that doctor and arrange an appointment. If you have injured your neck or back or have any broken bones, it may be wise for you to see a specialist in such injuries, who is usually an orthopedic doctor or may be a chiropractor.

Injury Claims

When should I settle? Your injury case should not usually be settled until you are healed and released from medical care. If the case is not settled within a reasonable period of time, it will be necessary to file a lawsuit before the expiration of the statute of limitations. You should consult with a lawyer to decide when you should settle and when your deadline to sue is. You can lose all of your legal rights to recover for your injuries if you miss the deadline to settle or file suit and the statute of limitations runs out.

What if the insurance company won't settle? If the insurance company will not agree to a fair settlement with you, you and your attorney will need to file a lawsuit against the responsible person, and if the insurance company still refuses to settle, then you and your lawyers will need to take the case to a jury trial. Of course, not all cases should be pursued and not all lawsuits are won by injury victims.

What rights do survivors have to bring death claims? The law protects the rights of spouses, parents and children of accident victims killed by other's negligence. While no amount of money can make up for the loss of a family member, in North Carolina the law permits the recovery of funeral expenses, medical bills, wages that would have been earned and the pain suffered by the person killed. (For more information on wrongful death cases, click here.)

Lawyers

Do I need a lawyer? Ordinarily the best thing that you can do after a wreck is to contact an attorney. You probably do not need a lawyer if you were not injured in a wreck, if your injuries and medical bills are minor or if you are really happy with how the insurance company treats you. Such situations are not very common. If you are unsure whether you need a lawyer, the best thing to do is to call and talk with a competent, experienced lawyer.

How much will a lawyer cost? Almost all car wreck cases are handled on a contingent fee basis. This means that we are not paid unless a recovery is made.

Contact us: We can be reached by telephone at (910) 678-8900 between 8:30 a.m. and 5:30 p.m. Monday through Friday. After hours, you may leave a message for us by dialing the extension of the attorney or staff member you wish to reach. For a list of attorneys and staff members and their extensions click here. You can page us by dialing 1-800-498-3494.

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