Auto accident injury claims in North Carolina are routinely denied for the most part in almost every accident case when there is any question of fault in the
mishap. Regardless of the serious nature of the injury to a claimant driver, any degree of individual fault on the part of the claimant can and will be used by the respondent insurance company because of the contributory negligence law applied in state courts. Injured passengers rarely face this problem when pursuing financial compensation for injuries because they are rarely assessed for fault in an accident investigation or an insurance claim filing.
Insurance companies actually have significant input in the investigation process, and they also determine the extent of financial compensation available for claimants before a case is filed in court. When this is coupled with the state’s archaic contributory negligent statute, the insurance companies are clearly at an advantage when to comes to paying and denying claims.
Our car accident lawyers in New Bern understand this dilemma for injured drivers, as it leaves injured victims with little recourse other than to retain a North Carolina auto accident attorney to represent the claim.
Reasoning Behind an Injury Claim Denial
Insurance companies must provide a reason when they deny any claim, which in turn gives a legal injury professional a starting point in crafting a potential case. Sometimes the claims of the insurance company are valid, and sometimes they are not. No detail is too small for an insurance claims adjuster when it can save the company from having to pay a claim in full or even partially. This is common for injured drivers who may have even a modicum level of fault in the collision, as the contributory negligence law sets the bar for financial compensation for injuries as low as 1% fault. North Carolina auto accident lawyers must become defense attorneys of sorts when insurance providers are claiming no duty to pay based on this concept, and luckily the insurance company’s denial is not the final say in how a case will be ultimately adjudicated.
How Car Accident Lawyers in NC Can Fight Insurance Claim Denials
The first step a North Carolina car accident attorney can take is accessing the official accident report and conducting an independent investigation into the collision. The initial investigation performed by the insurance provider is anything but independent, as insurance claims adjusters are trained professionally in taking full advantage of the North Carolina state contributory negligence law. Your attorney can evaluate all information included in the crash report and conduct a counter-argument against the insurance company claims when discrepancies exist, including interviewing witnesses and accident reconstruction officials. Details matter significantly, and many times a claim denial based on minimal levels of personal fault can be brought in question in court before a jury.
Beyond the primary material facts of an accident case, auto accident lawyers can also access the driving history of respondent drivers who may have been totally at fault in the case. An example is driving under the influence, as drivers who are under the influence can often be found as totally at fault even when an insurance company has initially denied a claim. The information indicating potential total fault of an obviously overtly negligent driver can be vital to the final outcome of a court case, or even a settlement from the insurance company just to avoid the jeopardy of a potential major financial award from a sympathetic jury. A solid investigation can encourage the insurance provider to reassess their decision in denying any financial responsibility. A totality of circumstances can often override any technicality proposed by the insurance company claims adjusters or attorneys.
Going to Court to fight for a car accident settlement
Many North Carolina accident injury cases will find the way to the courtroom because insurance companies understand they have the advantage for the most part. Due to this fact, car accident attorneys must be experienced in conducting trials from the very beginning to the end of the process. Extensive documentation can be presented when the case is heard, and all details will get some open discussion before the jury. This is ultimately why it is so important to have experienced and aggressive legal counsel when pursuing damages, and especially for drivers. Our car accident lawyers located at our New Bern, NC offices understand the importance of trial experience, and we are ready to take cases to court when we think we have a solid chance at overriding an insurance claim denial.
Never accept the denial from an insurance provider as the final word in your accident case. Call our office today and let us put our experience to work for you. The North Carolina attorney you choose to handle your case can make a major difference in the final outcome.
Call our New Bern offices today and let us help.