Underinsured motorist coverage in North Carolina offers relief for car accident victims when the person at fault for the crash didn’t have enough insurance to cover all the damage. at the wheel

Although most auto insurance companies in the Carolinas offer UIM coverage as part of their standard policy, questions regarding who can collect on these benefits arise often in court. In fact, UIM cases continue to set precedent. New case law is constantly emerging that outlines the boundaries of when collection is allowed, and how much.

The recent case of Gillespie v. National Farmers Union Property & Casualty Co. was weighed by the North Dakota Supreme Court and involved the question of whether a teenaged girl was entitled to underinsured motorist coverage under her mother’s policy. The girl, who was seriously injured in a crash, had been the one driving. She was operating a car that was owned by her aunt, who was killed in the crash. The aunt’s auto insurance policy (GEICO) paid the girl $25,000 in no-fault benefits. However, it rejected her request for bodily injury liability damages, even though the girl asserted her aunt was liable for negligent entrustment of the vehicle. The girl had only earned her learner’s permit two days prior to the crash.

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A grandfather is suing his grandson for the wrongful death of his grandmother after he accidentally crashed into her while attempting to help her put her minivan in gear in a parking lot. This case raises some interesting legal questions, given that the grandson was just 13 and not a licensed driver.

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People often have an initially poor reaction upon hearing about lawsuits against relatives and other loved ones. There is a sense that “accidents happen,” and unless there was an actual intent to cause harm, families should refrain from taking grievances to court.

But our Greenville accident lawyers want to make sure people understand that in the vast majority of these cases, claimants are not trying to collect money from the individual who is the named defendant in the lawsuit. Instead, they are trying to collect insurance money for the losses incurred, which may include medical bills, lost wages, and more. It is not about punishing the defendant. It’s about helping the victim recover.

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Snapchat. Text messaging. Instagram. Facebook. Email. Pokemon Go.iphone

All of these have one feature in common. They are all instantly available on your smartphone. The U.S. Pew Research Center opined last year that two-thirds of Americans owned a smartphone – more than double the number who did just four years earlier. It’s considered an essential connection to the broader world, no matter where you are. It’s also a source of deadly distractions. And phone companies know this. That’s why Apple years ago created and patented a technology that allows it to block users from accessing their phones when they are behind the wheel.

However, for a number of reasons, Apple never launched this feature. Now, plaintiffs in a car accident lawsuit are suing the technology firm, arguing executives knew company devices were being used for dangerous and illegal purposes. It also knew other approaches to the problem weren’t working, and it had the technology to stop it but failed to do so, according to the filing.

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Last year, a 78-year-old driver barreled through the front of a Wendy’s restaurant in New Jersey, striking an 89-year-old customer, who died nearly three weeks later. broken glass

Now, NJ.com reports the victim’s daughter has settled a lawsuit against the 79-year-old defendant for $1.2 million. The lawsuit alleged the elderly victim suffered both physical and emotional injuries, as well as great pain, anguish, suffering, and permanent injuries that ultimately led to his premature death. His family reportedly incurred sizable medical bills for his care during the last weeks of his life.

In addition to the driver, the lawsuit named as a defendant her husband, accusing him not just of vicarious liability for having ownership of the vehicle, but of negligently, carelessly, or recklessly entrusting his wife with that vehicle.

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The North Carolina Supreme Court has affirmed liability of the state’s Department of Transportation in a Charlotte car accident that killed three people – including two children – as a result of the agency’s failure to install traffic signals at the intersection where the crash occurred.

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The North Carolina Industrial Commission had awarded $1 million each to the estates of those killed in the 2009 motor vehicle accident on Highway 49, near South Carolina. The justices affirmed the ruling by the Court of Appeals, which rejected the transportation department’s argument that motorists participating in a drag race were the only cause. Not so, the courts held.

A woman, driving with her 2-year-old daughter, was making a left turn onto the highway from a cross street when she was blindsided by one of the racing vehicles, which investigators later opined was traveling 86 mph. The woman, Cynthia Furr, and her 2-year-old daughter, Mackie, died. Also killed was a 13-year-old named Hunter Holt. He had been a passenger of one of the racing drivers.  Continue reading

A federal judge is asking the Third District Court of Appeal for clarification regarding how to proceed when there is legal wrangling among a health insurer, an injury lawyer and an injured person following a car accident.caraccident7The case, UnitedHealth v. Harvey, involves the kind of convoluted legal question that often crops up when a health insurer pays for medical treatment following a collision and then the injured party hires an attorney to sue the at-fault driver for damages. The federal judge wants the 3rd DCA to make a determination on whether the health insurance company is shielded from lawsuits for legal fees by a policyholder’s attorney if the health plan includes a provision requiring total reimbursement of benefits in the case of a third-party settlement.

Here, the accident attorney sued the health insurer for legal fees after it obtained a $150,000 judgment from an at-fault driver on behalf of an insured. Much of that money went to reimburse the health insurer. Should the health insurer be allowed to benefit from the legal legwork of the plaintiff and her attorney without having to chip in for those legal costs? The injury lawyer says no, but the health insurer said language in the policy protects it from having to pay those legal fees. Continue reading

Auto insurance companies seek always to protect their bottom line. Many customers find themselves on the other end of a frustrating tug-of-war as they seek to obtain compensation for legitimate losses.caraccident6

One of the ways the law keeps insurers in check is by allowing bad faith claims, either by the policyholder or sometimes a third party. An insurance company that acts in bad faith – by failing to settle, not timely responding to a claim, offering a sum that is far too low when facts are not in dispute – can be penalized by an order to pay triple damages. Bad faith insurance claims are litigated separately from the auto accident claims.

Some examples of bad faith include:

  • Refusing to pay a claim it owes;
  • Not timely paying a claim it owes;
  • Requiring paperwork that is unreasonable or unnecessary;
  • Failing to explain why a claim is denied;
  • Refusing to settle a claim when doing so is appropriate.

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An arrest was made in a deadly hit-and-run pedestrian accident that happened near the South Carolina-Georgia state line on U.S. 17 earlier this month. South Carolina Highway Patrol arrested a Georgia man who was reportedly operating a 2015 Chevy Impala when he struck a 26-year-old man from Midway, Ga., who was walking along the road around 5:30 a.m.crosswalk6

The 26-year-old pedestrian died of his wounds after being transported to the Memorial University Medical Center where he died of his injuries.

Local media reported on the case and the fact that authorities were unable to locate the driver. A tipster called in to police after seeing one of those reports, and led authorities to the suspect – and his car, which was seized as evidence.  Continue reading

State troopers are investigating a horrific North Carolina bus accident that happened near Rockingham, about 1.5 hours east of Charlotte and directly south of Greensboro from I-74.bus

Early reports were that between 40 and 50 people were rushed to area hospitals, but the extent of their injuries wasn’t entirely known. Investigators say the bus was carrying a team of football players and coaches from Ramah Juco Academy in Rock Hill, S.C. to Raeford, where they planned to play University of God’s Chosen.

At around 3 p.m., the bus slammed into an overpass on I-74. An early investigation by the North Carolina Highway Patrol indicates the front tire of the bus blew, causing the bus to travel into the median, strike a guardrail and then careen into the overpass. News images of the scene were gruesome, showing the side wall of the bus had been almost entirely torn off. Some of the injured were lying on the ground for some time waiting for help as the more seriously injured were attended.  Continue reading

A new study released by the research journal JAMA Internal Medicine reveals statistically what we may have suspected since the unveiling of Pokemon Go several months ago: It poses a safety risk to drivers and pedestrians. phone

In the augmented reality game, players have to move in order to propel their avatar forward in the game. Then, players collect rewards for “catching” Pokemon figures that are placed in real-world locations. It’s fair to say that the game incentivizes physical activity – and this is a good thing. However, it can be dangerous if either:

  • Drivers are using their cars to search for Pokemon;
  • Pedestrians aren’t being mindful of their surroundings as they move through traffic.

Whatever health effects the game may espouse are negated by the risk of serious injury in these scenarios.  Continue reading

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