Damage Awards in North Carolina are Clarified with the Holding in Corbin v. Khosla

Your North Carolina injury attorneys can help you get the award you deserve. We can help you understand your benefits and get the protection you are entitled to if you are involved in a car accident in North Carolina.
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We bring this case to you today because it draws a wonderful distinction between types of damage award for a car accident in North Carolina. In Corbin v. Khosla, the Pennsylvania courts spent years trying to determine whether an uninsured driver who was in a car accident with an insured driver was entitled to recover for economic damage due to her injuries.

This case arose when two drivers were driving on the same road in opposite directions collided. Khosla, who was insured, made a left turn while Corbin, who was uninsured had the right of way. As a result of this, Corbin T-boned Khosla and was seriously injured at the fault of Khosla. When Corbin tried to sue Khosla, there was conflicting law regarding what kind of damages could be recovered.

In Corbin, there was a great divide between the specific Pennsylvania statutes and the precedent established by their state court. Pennsylvania state law requires that all drivers in their state must maintain “financial responsibility,” commonly by car insurance, so that they will be able to compensate anyone for damages for any injuries that result from their driving. The law continues by stating that an owner of a registered car who does not have insurance cannot recover first-party benefits. First party benefits are defined as “medical benefits, income loss benefits, accidental death benefits and funeral benefits.” 75 P.a.C.A. §1702.

What you need to understand is the principal difference in the types of damages awarded by courts in car accident cases. In Corbin, the court clarifies the rule which states that an uninsured can collect economic losses such as medical expenses and lost wages but cannot collect for pain and suffering, except where there was a serious injury sustained by the uninsured. 75 P.a.C.A. §1705(a)(5). Basically, by not purchasing car insurance the victim’s recovery was limited, although the accident was not his fault.

Do not make the same mistake. Purchase car insurance and educate yourself on the state minimum protection requirements and what you are entitled to if you are ever in an accident.

In North Carolina, the Statute that controls motor vehicles is The Motor Vehicle Safety and Financial Responsibility Act (MVSFRA). Through this law, North Carolina imposes minimum levels of insurance required by drivers within their state. These limits are: a policy minimum of $30,000 for bodily injury for one person and $60,000 for injury to more than one person per accident; and a limit of $25,000 in coverage for damage done to property.

We are experience North Carolina attorneys who know the law. We can help inform you of your rights when you are in a car accident, and help you get the financial protection and compensation you deserve.

If you have been in a car accident and have questions about what you are entitled to, we are here to help.

If you have been injured in a car accident contact north Carolina attorneys at Lee Law Offices, P.A. to schedule a free appointment. Call 800-887-1965.

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