Legal Question in Credit and Debt Law in North Carolina
We had an motor vehicle accident where a gentleman hit our tractor as it was making a left turn fron a 2 lane road onto anothe 2 lane rd. The left front tire of the tractor was hit. The small pick up truck that hit us was impacted at the back of the cab, front of the bed. The other dirver was cited for passing at an intersection.
The insurance company for him has denied payment for damages to our tractor tire and wheel, stating that since the impact was halfway on his vehicle we should have stopped or seen him.
The moment my dad seen him was when he was making contact with the tractor. He just wanted to pass as quickly as possible and didn't slow as he came upon the tractor and just went to pass at the intersection inwhich the tractor was turning on.
Can I persue legal matters against the other person for my damages even though his insurance has declined.
1 Answer from Attorneys
Yes and no. North Carolina is a contributory negligence state. What this means is that even if you are 1% at fault in causing or contributing to an accident that you can recover nothing from the more at fault driver.
The good news is that the insurance company for the other driver does not get to be the final arbiter of whether you are at fault or not. The judge or jury decides, not the insurer. What I would do is consult an auto accident attorney in your area (this is an auto accident/personal injury issue, not a credit and debt issue).
Many attorneys offer free consults and, depending on the damages, may agree to take your case on contingency (for free) especially if you or your dad were injured. have your case reviewed by an attorney and they decide if this is worth pursuing or not. If not, then file the claim with your own insurer, although it may make your rates go up. Your deductible and the leel of damages may also affect your decision.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
