While a variety of causes result in claims for personal injury, the majority of claims for bodily injury arise from motor vehicle accidents. The unfortunate truth is that most of us have been or will be affected by a collision accident at some point in our lives. And, it is a widely held belief that victims of auto accidents are compensated for their damages by the negligent driver’s insurance. Generally speaking, it is not that simple.
While the driver of the other vehicle may be responsible for injury and damage you sustain in an auto accident, it is their insurance company you may have to battle to be compensated. Despite advertising depicting insurance companies as public service agents, the simple fact is that insurance companies operate for one reason: profit. For an insurance company, profit is only possible when premium income exceeds the costs of claims. Profit cannot be obtained in an atmosphere where claims are readily paid. Insurance companies are exceedingly good at turning profit.
The pivotal issue in any claim for damages and compensation following an automobile accident hinges on the insurance company’s determination if the policy covers the circumstance of the accident. Even if coverage applies, an insurance company will only pay if it is in its best interest to do so (settlement) or is required to do so by a court. Rarely do insurance companies provide claimants with good faith offers without the benefit of an experienced lawyer negotiating on your behalf.
Injury and negligence laws are complex. In North Carolina, laws exist that allow insurance companies a loophole through their responsibilities if you have any fault – no matter how minor – that contributed toward your injuries. This is called contributory negligence. A primary example of contributory negligence may be that injuries sustained in an automobile accident were exacerbated by the no-fault driver’s failure to wear a seatbelt, thus contributing to the severity of injuries sustained. An attorney versed in the elements of personal injury law will understand the finer points of contributory negligence and can productively negotiate on your behalf.
Because our laws make personal injury claims so complex, matters like these require the attention of a skilled and experienced trial lawyer. Attorneys Kim Carpenter and Jamie Arnold have extensive experience representing people injured in accidents. Call to schedule a consultation regarding your accident injury today. Consultations are free and fees are contingent on the success of your case.