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Frequently Asked Questions


Can’t I Handle My Auto Accident Claim Without A Lawyer?


There is an old maxim: If you are sick with a cold you probably don’t need to go to the doctor, but if you have pneumonia you better get to one quick. The problem is if you are not a doctor — how do you know the difference?

You may be able to handle your auto accident claim without the aid of an auto accident lawyer, but it will be much more difficult. If you are not trained in the law, how can you be sure that you are not hurting your claim when you giving information to the adjuster or sign a medical release? The adjuster is looking for evidence to devalue your claim, not increase the value. Every question asked by the adjuster is designed to find cracks in your case and bring down the settlement value. An attorney fighting for you will protect you from those kinds of tricks. An auto accident lawyer will have experience dealing with insurance adjusters and insurance companies.

Your auto accident attorney will also be able to investigate the accident scene and help show that the auto accident was not your fault. Finally, settlements reached with the aid of a qualified attorney are generally more substantial than settlements reached without an experienced attorney.


Do I Need to Call the Police if I Have an Auto Accident?


Yes. A police report can be an essential part of your auto accident claim because it should detail who the police believe was negligent, and thus liable, for the auto accident. You should make sure that the police officer clearly understands your version of how the collision happened. If you are able to identify witnesses to the collision, be sure that the police officer gets their name and telephone number.

If you have pain as a result of the collision tell the police officer and go to the emergency room or a doctor immediately, then contact the Law Offices of Roderick T. McIver to schedule your free initial auto accident consultation.


I Feel Fine. Why Should I Go See a Doctor After My Auto Accident?


Yes. Many times injuries sustained during an auto accident do not arise for some time after the auto accident occurred. This means that while you may feel all right now, you may be injured internally. You should always seek medical attention after being involved in an auto accident.

If you are not liable for the auto accident, you will be able to receive compensation for any medical costs you have to pay following the auto accident.


What Should I Say to The Insurance Adjuster After My Auto Accident?


Insurance adjusters are trying to save the insurance company as much money as possible from your auto accident. While it is all right to file a claim with the insurance company avoid making a recorded statement when you are not represented. Any statement you make is difficult to take back when it has been recorded and you may not really mean what seems to be said in the recording. Contact the Law Offices of Roderick T. McIver today if you have any unanswered auto accident questions. Our firm always provides free initial consultations.


How Much Is My Case Worth?


Estimating the value of your claim is a difficult process, because many things which may seem to be unrelated to your case may play into the insurance company’s evaluation. Assuming liability is not an issue (you are not even 1% at fault), the value of a case is based on several elements:

  • Past Medical Bills

  • Future Medical Bills

  • Lost Wages

  • Future Lost Earning Capacity

  • Pain and Suffering

  • Permanent Impairment, including residual scars or disfigurement

However, when the adjuster is talking to you he or she is probably trying to access what kind of witness you would make in Court. If you do not present well they will likely devalue your case. You can get around this by letting a lawyer talk for you. In that way, they can only assume that you are a well-spoken, credible victim of the negligence of their insured.

But more to the point, there is no magic formula to determine the value of a case. It depends on what evidence is available and how the evidence comes to light. It depends on whether there are inconsistencies in the testimony or the medical records which would make the jury question the credibility of the injured person’s case. It also depends on the impression the plaintiff or the defendant makes on the jury. Many experienced attorneys who know all the facts can usually predict a “range” of value, but even with all the information, it is not possible to come up with an exact figure.


What Is Medical Payments Coverage?


In North Carolina, many people add optional coverage to their auto or homeowners insurance called medical payments, or med pay, coverage. Med pay is not based on fault. It would cover medical expenses, up to your limit of liability, for each person who was injured while occupying your automobile. It would also cover anyone occupying a vehicle you are driving. Finally, it would cover you or your family members in any vehicle.

Doctors, hospitals, and other health care providers expect payment upfront or immediately following treatment of injuries. An injury victim, often unable to work, can have a very difficult time getting the medical care he needs. A liability claim can take months or even years to resolve. This is where med pay comes in. The injured person can get treatment knowing his med pay coverage will help with the bills regardless of how the accident happened.