1. How can I find out the other driver's insurance information?

Get their license tag number, the car owner's name, the exchange slip provided by the investigating officer and/or the accident report, and write to the Department of Motor Vehicles, Vehicle Registration Section, Room 100, 1100 New Bern Avenue, Raleigh, NC 27697; (919)733-3025; and request the information. You will need to include $1.00 for the fee.

2. Do I need to report my claim to the defendant's insurance company?

Yes, you should report the claim to them. If you cannot obtain the adjuster's number from the exchange slip or accident report, you can get the claims office phone number from the North Carolina Commissioner of Insurance at 1-800-662-7777.

3. Is there a specific time limit for reporting my claim or going to the doctor?

No, provided that for negligence claims in North Carolina, you must file a lawsuit no later than three (3) years from the date of the accident. Even though there is no other time limit for reporting the claim, it is normally better to seek medical attention and treatment immediately, and report the claim to the defendant's insurance company as soon as possible.

4. Do I have to meet with the defendant's adjuster and give a recorded statement?

No, you do not have to meet with the adjuster and it is not required that you give a recorded statement. You can give only the information that you wish to, either in writing or by telephone. If you do give a recorded statement, ask the insurance company to provide you with a copy of your statement.

5. Do I have to sign medical authorization forms so the defendant's insurance company can see my records?

No, you do not have to give them a medical authorization. You can simply get the medical records yourself and provide them to the defendant's insurance adjuster. If you sign an unlimited medical authorization, the insurance company will be entitled to get all of your medical records, whether they relate to this accident or not.

6. If the insurance company is unreasonable in settling my case, what can I do?

If you do not feel the insurance company is acting reasonably and in good faith, you may wish to contact the North Carolina Commissioner of Insurance at the toll free Hotline 1-800-662-7777. Or, you may wish to contact an attorney to learn your specific rights. Also – Be sure to check out this information on What You Need to Know about Insurance Companies.

7. Do I need to call my insurance company?

Yes, you should report the accident to your insurance company as soon as reasonably possible. You may also be entitled to medical payments coverage from your own insurance company. Please see our GUIDE TO MEDICAL PAYMENTS COVERAGE.

8. Is it all right to settle my property damage claim before settling my bodily injury claim?

Yes. However, you must be careful not to sign any document or check which says "release of all claims" or "release of bodily injury claim." If you are not certain about the language in the release, please ask an attorney to look at the document for you.

9. How do I get a copy of my accident report?

If the accident occurred inside the city limits, you should contact the records department of the local police department. If the accident occurred outside the city limits, you should contact the North Carolina Department of Motor Vehicles. The address for the Winston-Salem Police Department is: Winston-Salem Police Department, Records Section, 725 North Cherry Street, Winston-Salem, NC 27101, ((336)) 773-7922. The cost of a report is $5.00. The address for the North Carolina Department of Motor Vehicles is: Collision Reports Section, NC DMV, Raleigh, NC 27697, (919) 733-7250 and the cost is normally $5.00.

10. Do I need to take photographs?

Yes. You should take photographs of your vehicle, the defendant's vehicle (if possible), the scene of the accident, yourself, and your injuries. Remember, a picture is worth a thousand words.

11. If the defendant got a ticket, do I have to go to court and testify?

Yes. It would normally be advisable for you to attend court and testify. However, you may want to check with the local district attorney where the traffic case is being heard to make sure you will need to attend. Frequently, the traffic ticket will be dismissed, but this does not normally have any effect on your claim for injuries. If the defendant pleads guilty to the charge, that admission can be
used in your favor.

12. What information do I need in support of my claim?

Normally, insurance companies are most impressed with documentation and written reports. Therefore, it is usually best to present all medical bills, receipts, and medical records, as well as verification of lost wages. You should provide copies of these documents to the adjuster and keep a copy for your own records in case of a dispute.

13. Do I need to tell the adjuster about my medical treatment?

It is normally advisable to keep the adjuster informed on a regular basis (usually every 30 days) as to how you are progressing with your medical treatment.

14. What if the adjuster wants to settle before I complete treatment?

It is normally not advisable to settle your claim before completing treatment, since signing a release concludes your claim forever, even if your injuries become worse. Therefore, it is normally best not to settle the claim until you have reached maximum medical improvement and have been released from treatment by your physician. However, there are limited circumstances in which you should settle before completing treatment and you should check with an attorney if you have any question about your rights. Also – Be sure to check out this information on What You Need to Know about Insurance Companies.

15. What should I do if I have been injured in an accident?

The most important thing for you to do now is focus on is getting better.  That means you need to listen to your doctors and keep all of your appointments. It is your doctors’ records which act as the medical testimony in your case and assist the lawyer in determining the value of your claim.  It is vital that you are diligent about following through with what your doctor recommends.

1) Have a Thorough Medical Exam

The full extent of a person’s injuries may not be evident immediately after an accident.  Sometimes, you as the victim, may feel that you did not sustain a     serious injury, only to discover weeks or months later, that what you initially thought was a minor injury has worsened and may require significant medical treatment and even the need for surgery.  As such, one of the things you should do after an accident is obtain a thorough evaluation from a conscientious doctor so that you can determine the severity of your injuries and obtain a proper diagnosis and treatment course. 

Be certain to tell your doctor about all of your symptoms, no matter how minor they may seem at the time.  Obtain treatment with a doctor as soon as possible after an accident involving injuries so that the doctor may order the appropriate treatment and tests and so the doctor may properly document the full extent of your injuries.  This documentation is important so there is a clear record of your injuries and treatment.

2) Keep a diary and calendar

As soon as you can after the accident, begin a calendar and diary specifically about your injuries. Keeping a diary or calendar is your personal record of how you are coping with your injuries both real and psychological during your healing and throughout the claims process.

If you have sustained injuries as a result of your accident, your treatments may continue for months and your healing patterns may change or set backs may occur.  It is important to keep a record of the issues that arise and the patterns and scope of your recovery.  This is where your diary will assist you. 

The calendar will be used to record each of your doctor and/or other medical appointments.  You will also record the dates and times of appointments with your lawyer and any legal deadlines or dates which are provided to you. Your Calendar should be used exclusively for the entry of doctor, medical or diagnostic testing and attorney appointments relating to your accident.  When you record a diagnostic appointment be sure to note the type of test, i.e. MRI. Do not use this calendar to record your social appointments.  This is for appointments relating to your accident case only.
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Lewis & Daggett Attorneys at Law, PA, publishes this web site as a service to our clients and friends for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel. These materials may be considered advertising in your state.

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Lewis & Daggett Attorneys at Law, PA, has its principle office in Winston-Salem, North Carolina. Its attorneys are licensed to practice law only in North Carolina and not in any other jurisdictions. The firm does not intend to practice law in any jurisdictions where the firm is not licensed.