No one wants to be involved in an automobile accident, especially one caused by another's driver's mistake or fault. Most people are shocked, angered and frustrated when their daily routines are interrupted because of physical injuries and/or damage to their car. Losing time from work due to your injuries or losing your primary source of transportation, even temporarily, can make the situation seem even worse. Trying to deal with your own automobile insurance company as well as the other driver's automobile insurance company may seem confusing and overwhelming during an already difficult period following an accident.

In North Carolina, if you are involved in an accident which is solely the other driver's fault, you may have two separate claims for:

1. property damage to your car; and/or
2. physical or personal injury to your body.

However, if your own mistake or fault caused and/or contributed to the accident, you may not be able to recover property damage or personal injury damages from the other driver's automobile insurance company under a North Carolina legal doctrine called "contributory negligence". If the accident is all or even partially your fault, then you will likely have to deal with your own automobile insurance company, if you have collision coverage for your automobile. You will not recover damages for your personal injuries from your own policy. You might obtain reimbursement for some of your medical expenses if you have medical payments ("med pay") coverage on your own policy. Be sure and ask your agent if you have medical payments coverage and the amount of the coverage, or if you have other questions about your coverage.

There are simple steps that you can take as soon as you are involved in an accident, which may help preserve your potential legal rights and make the situation seem less overwhelming or frustrating. Certainly, you should call a lawyer who handles personal injury claims if you have questions or want to schedule an appointment to discuss your rights. Most personal injury attorneys offer a free initial consultation. Whether you decide to handle your own claims or to hire a lawyer to represent you, you can take the following steps from the start to help protect your possible financial and legal interests arising out of the accident:

1. Do not leave the scene of the accident. Wait for the local police or highway patrol to arrive and complete their accident investigation.
    
2. Do not move your vehicle, unless it is a safety hazard to leave it where it stopped following the accident. Move your vehicle off the road only if absolutely necessary or if instructed to do so by the police.
    
3. Call "911" immediately to report the accident and to request assistance from the local police and/or highway patrol. Request an ambulance for yourself or the other driver or passengers in the event of serious injury.
    
4. Do not discuss how the accident occurred with the other driver(s) and passenger(s) involved in the accident. Wait for the police or highway patrol to come to the scene. You should provide a verbal statement to the investigating officer when requested to do so. You can ask the other people involved in the accident if they need help and/or offer emergency assistance if you are able to do so.
    
5. Do not get into a verbal or physical altercation with the other driver(s) or passenger(s) at the scene. It will not help the situation and could make the situation much worse.
    
6. It is a good idea to carry an inexpensive camera in your car at all times. If you are involved in an accident and are able to do so, use it to photograph the position of the stopped vehicles, the damage to the vehicles, and the accident scene.
    
7. If you can identify witnesses to the accident, be sure and get their contact information, including name, address and daytime and/or cell phone numbers.
    
8. Even if you were not at fault, call your own automobile insurance agent or company and report the accident as soon as possible. If you do not report the accident to your own automobile insurance carrier, you might fail to comply with the terms of your insurance contract, which may prevent you from getting applicable benefits from your own policy. Your own agent can also be a valuable source of information.
    
9. Photograph the interior and exterior damage to your vehicle, including a photo of your vehicle from the rear, showing the license plate. Keep a copy of all repair estimates for the damage to your vehicle. The property damage claim is separate from the personal injury claim and is generally resolved quickly. In some cases, your vehicle may have sustained too much damage to repair and will be deemed a "total loss". If the other driver's automobile insurance company accepts the claim, the adjuster will want to resolve the property damage claim very quickly. You may be entitled to a rental vehicle while your vehicle is being repaired or to drive until the total loss claim is resolved. However, if the vehicle is a total loss, the rental vehicle will only be provided for a limited period. You will need to quickly determine the fair market value of your vehicle and make plans to replace it as quickly as possible. You will not receive any compensation for inconvenience related to resolving property damage issues, such as taking time off from your job to locate and buy another car. For more detailed information regarding property damage claims, please see the North Carolina Department of Insurance's publication, "A Consumer Guide to Automobile Insurance". (http://www.ncdoi.com/Consumer/consumer_publications.asp)
    
10. Ask your own automobile insurance agent or adjuster if you have medical payments ("med pay") coverage. Med pay coverage is a small amount (usually $1,000.00 to $5,000.00) of no-fault limited health insurance coverage which reimburses you for medical expenses due to the accident, up to the amount of coverage. Each person riding in your vehicle at the time of the accident can make a claim under your med pay policy if he or she incurs medical expenses. Med pay coverage can be collected even if the accident was your fault. Collecting med pay does not cause your premium to increase and is a separate source of coverage from your group or private health insurance coverage.
     
11. If you believe the accident was caused by the fault or negligence of the other driver(s), contact their automobile insurance companies immediately to report your claim. The investigating officer usually provides the other driver's automobile insurance information to you by giving you an "exchange slip" at the accident scene. If you are not given an exchange slip and/or have difficulty getting the other driver's automobile insurance carrier information to report your claim, you can call the investigating officer or contact the North Carolina Department of Motor Vehicles (http://www.ncdot.org/dmv/). Your own automobile insurance agent or adjuster may also be able to assist you in filing a claim with the other driver's insurance company.
     
12. The representative or adjuster for the other driver's insurance company may contact you shortly after the accident and ask you to give a recorded interview or statement over the phone. This is part of the insurance company's investigation and may be used to decide whether the insurance company will accept liability for your damages, including the property damage to your car. During the recorded statement, you may be asked questions about how the accident occurred, how you were injured and if you had medical condition(s) before the accident. If you have already hired or retained an attorney to represent you, do not give the statement. Tell the adjuster that you are represented and give the adjuster your attorney's name or telephone number. If you are thinking about hiring an attorney to represent you, contact the attorney(s) you are considering hiring prior to giving the statement. If you have already hired an attorney or are thinking about hiring an attorney, your attorney may want to provide the recorded telephone statement in his office.
     
13. If you were injured in the accident, seek immediate medical treatment from an appropriate medical provider, such as a hospital emergency room, immediate or urgent care facility or family practice, depending on the severity of your injuries. Give the doctor(s) an accurate and complete description of how your injuries occurred at each visit. Comply with the medical provider's treatment recommendations and referrals.
     
14. Provide your group health insurance card or other health insurance information to each medical provider to submit a claim so that you can obtain medical treatment while you are recovering from your injuries. Automobile insurance companies generally do not pay medical bills during treatment. If your group health insurance carrier contacts you about the accident, you should provide accurate and complete information. Some health insurance providers, including Medicaid and Medicare, have the right to be paid back or reimbursed for any medical expenses they paid if you recover money for your personal injury claim. Failure to provide truthful information to your own health insurance carrier could result in a denial of current or future coverage and/or criminal charges of insurance fraud.
     
15. Each time you see a doctor, get a written note from the doctor regarding your ability to work, including if you cannot work at all, can work with restrictions such as no lifting over a certain amount, or can perform your regular work duties. Follow your employer's personnel policies regarding absences from work, including providing regular updates, copies of doctors' statements or completing forms. Failure to do so could result in termination of your employment. If your employer does not have a formal absence or medical leave policy, give your supervisor a copy of your work note anyway. Always keep a copy of any written work statements from your doctor for your own records. In order to submit a claim for lost wages due to your injuries, you must have written documentation from your doctor that you could not work due to your injuries.
     
16. Take pictures of your visible injuries during your recovery, including but not limited to cuts, lacerations, bruises, stitches, scars, slings, casts, crutches, walkers, wheelchairs, etc. The pictures will provide evidence of your injuries. Keep a journal and/or calendar to record your pain levels, limitations of daily or work activities, medical appointments and other consequences of your injuries. These notes may help refresh your memory after you recover or are no longer receiving medical treatment for your injuries.
     
17. Keep a copy of all medical bills, receipts, insurance statements or receipts for pharmacy or other out-of-pocket expenses you incur because of your injuries.
     
18. If you do not have an attorney, do not sign an authorization for the other driver's automobile insurance company to have access to or obtain your medical records. If you have hired or plan to hire an attorney, the attorney will obtain your medical records. If you do not plan to get an attorney, tell the adjuster that you will obtain your own records and itemized bills for treatment of injuries and send him copies when you have recovered and are no longer receiving ongoing medical treatment.
     
19. Remember that North Carolina has a three (3) year deadline or "statute of limitations" for personal injury cases. If you do not receive a settlement from the automobile insurance carrier(s) or file a lawsuit against the driver(s) and vehicle owner(s) at fault before the deadline or statute of limitations "runs out" or expires, you will waive your claim to recover monies for your personal injuries. In North Carolina, the statute of limitations to settle or file a lawsuit for personal injuries is three (3) years from the date of the accident. The statute of limitations for wrongful death from an accident is two (2) years from the date of the collision. There are rare exceptions to these time limits, usually involving minors (children) or incompetent individuals.
    
    For more information about automobile insurance and automobile accidents, please review the North Carolina Department of Insurance's excellent publication entitled, "A Consumer Guide to Automobile Insurance" on its website:
    
    http://www.ncdoi.com/Consumer/consumer_publications.asp