The Line in the Sand: For your South or North Carolina Auto Accident
Someone asked me recently why the insurance company refused to pay for his medical bills when the car accident wasn’t his fault. This is a common theme, particularly in North Carolina where contributory negligence is a complete bar to recovery. North Carolina is one of four states that still follow this harsh defense that insurance companies use to refuse coverage when you are not at fault. Most often a police officer will determine who caused an accident when he prepares an accident report. The police officer will take statements from all parties involved in an accident including any witnesses and determine which driver was at fault.
The insurance company uses information provided in that report and in some cases a recorded statement from the parties shortly after the accident to find even one thing that the non-fault driver did to contribute to the accident. In most situations it is an easy practice for insurance companies to find at least one thing the non-fault driver did wrong.
Fortunately for the no-fault driver, the insurance company has to prove that the no-fault driver contributed to the accident using facts and circumstances about the accident before it can deny a claim. In North Carolina, if the insurance company does prove that the no-fault driver contributes to the accident, that company does not have to the no-fault driver for anything including vehicle damage, medical bills, or lost wages.
In South Carolina, insurance companies are allowed to use a similar defense to deny or at least reduce a recovery from a no-fault driver. South Carolina allows insurance companies to deny a claim based on how much if any the no-fault driver contributed to the car accident. If a no-fault driver contributed to the accident up to 51% then the no-fault driver can still have that percent of his bills from the accident paid the at-fault driver’s insurance.
Again, the company has to prove that the no-fault driver contributed and that he contributed a certain percentage. The no-fault driver needs the fault to be at or near 0% to recover for bills caused by the accident. The at-fault driver’s insurance company needs the no-fault driver’s insurance to be above 50% to bar recovery. If the percentage of fault on the no-fault driver is in that range, then the no-fault driver’s total damages from the accident will be reduced by that percentage.
If you’re at a loss over how to handle your car accident you may need a Charlotte personal injury attorney to handle your case. If you would like a free case evaluation please give us a call at 877-333-1000.
