Legal Question in Insurance Law in North Carolina

Rear Ended

I was in a rear end collision a few days ago, I am not at fault. The person who hit me said he was goinf 30 mph. The road where I was hit is big enough to go around someone making a left turn (as I was at a dead stop). He had no explanation as to why he hit me, and he has a suspended driver's license. The police only gave him a citaion for the license. My car is not very valuable going by Kelly blue book but was the only car I had and in very good condition. The other side to my story is I went to the ER for treatment on my own a few hours after the accident and they tested my urine for drugs. They did not ask my permission for this but told me they were testing to see if there was any blood in my urine and to see if I was pregnant before giving X-rays. Did they violate my rights and will this hurt my getting paid back for medical expenses?


Asked on 6/14/04, 5:30 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Rear Ended

As for whether they violated your rights by testing your urine for drugs, I do not know. That is complicated. There is an issue as to whether it was reasonable for them to test for drugs, and as to whether you sustained any damage. Also, interestingly, you do not indicate the drug test results.. Anyway, as for your compensation, the test results should not affect that in any way. In fact, it should theoretically increase your recovery, if you have a "collateral source" of payment (e.g. medpay coverage, or other health insurance).

As for your property damage, people in your position are often out-of-luck. All you are entitled to is the diminution in fair market value of your vehicle, which will probably not be very much. If the repairs are a certain percentage of the value, they must "total" the vehicle. You may want to see a lawyer.

Read more
Answered on 6/14/04, 9:54 pm


Related Questions & Answers

More Insurance Law questions and answers in North Carolina