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  • What Happens if I am Injured by an Uninsured Driver in NC?

    After an accident where personal injury occurs, it can be hard to hear and understand that the other driver at fault is uninsured. With various medical bills, insurance claims, attorneys, and compensation claims, the process can be very long and daunting. After an accident, it is important to reach out to an experienced personal injury attorney to take your case and provide you with all the necessary information for a case. An experienced attorney will be able to take some stress off of your shoulders and walk you through the process of dealing with being injured by an uninsured driver in NC.

    Steps to Take After an Accident

    The following are steps you should take after being involved in an accident.

    • Pull over. Try to move off of the road and out of the way of more danger if you are able to.
    • Call the police. It is important to file an official report, this will be used in your case. Tell the police everything that occurred.
    • Check to see if anyone else is injured. Ask or call for an ambulance if you or someone else appears injured.
    • Exchange information. It is very important to get the information of anyone involved and/or any witnesses. Information helpful would include full names, addresses, home, work, and cell phone numbers. In addition, at this time insurance information (if available) should also be traded.
    • Take notes and pictures. Taking notes and pictures can help you remember clearly when asked to describe what happened, over time you will begin to forget exactly what happened. Pictures can also be useful to show the damage and give an idea to insurance and attorneys on what damage occurred.
    • Report the accident to both insurance companies. Once leaving the scene, the accident needs to be reported to both insurance companies, this includes the at-fault driver’s insurance company, and your own. The reason for this is that the at-fault driver might not always report it to their insurance which can cause problems later on.
    • Keep a list of expenses. Keeping a list of any and all expenses after the accident can be helpful to a case and your compensation. Expenses such as rental cars, medical bills, prescriptions, lost wages, etc.
    • Reach out to an attorney. The decision to hire a personal injury attorney is very wise as they have a lot of experience in this area are able to deal with the complex parts of your case, such as dealing with insurance companies.

    For more information on the steps you should take after being involved in a car accident, click here.

    North Carolina Insurance Requirements

    In the state of North Carolina, all drivers are required to have minimum liability coverage.

    The minimum insurance coverage is as follows:

    • $30,000 for bodily injury liability (one person)
    • $60,000 for bodily injury liability (two or more people)
    • $25,000 for property damage

    In addition to minimum liability coverage, Uninsured Motorist (UM) coverage is also required. In some instances, Underinsured Motorist (UIM) coverage may also be required depending on your plan and can be important in instances where the other drivers’ policy will not cover all of the damages and losses.

    Uninsured Motorist Coverage

    Uninsured Motorist coverage protects you when the driver at fault does not have motor vehicle insurance, you are able to work with your own insurance company to file a claim. This protects drivers in the instance where personal injury and damage is caused by the negligence of other drivers who do not have liability insurance or who have only bought the minimum.

    Underinsured Motorist Coverage

    Underinsured Motorist coverage protects you when you’re in an accident with an at-fault driver whose own insurance coverage is not enough to cover all the damages and losses that were caused by the accident. In other words, this will cover some compensation when the damage amount exceeds the driver’s minimum coverage amounts. As mentioned earlier, some insurance plans will require you to purchase both Uninsured Motorist Coverage and Underinsured Motorist Coverage.

    Driving Without Insurance

    While it is illegal to operate a vehicle that does not have valid insurance, The Insurance Information Institute has estimated that approximately 7.4% of drivers in NC do not have auto insurance. Driving without insurance in North Carolina has various penalties and fees that come along with driving an uninsured vehicle.

    Penalties & Fees Name of Fee Fee Amount Description 1st Insurance Lapse $50 Penalty/Fee 2nd Insurance Lapse $100 Penalty/Fee Restoration fee $50 Penalty/Fee Subsequent insurance lapses $150 Penalty/Fee

    What Happens Next?

    Upon hiring a personal injury attorney, we will look into your case and decide the best legal options. We will keep you informed throughout the whole process and negotiate with insurance companies for you. At Schehr Law, we have the experience and the resources to help you get the maximum compensation you deserve following an accident with an uninsured or underinsured driver.

    Contact Us

    If you or anyone you know has been injured in an accident by an uninsured driver, it is very important to reach out to a personal injury attorney to help assist with your case. At Schehr Law, we offer free consultations at no out-of-pocket cost on personal injury cases. Please do not hesitate to reach out for more information or with questions you may have.

  • What to Do After Getting Into a Car Accident

    Getting in an accident can be extremely frightening and stressful. You may wonder what to do after getting into a car accident. Upon being involved in an accident, it is important to follow the following actions.

    Immediately Call The Police

    For every accident that occurs, it is important to always call the police. Even if the accident is small and there appears to be no damage, it is always necessary to obtain a police report from the incident. When the police arrive at the scene they will ask some questions and will be able to provide a police report about the incident to give to all parties involved. The police report will have all individuals’ contact information as well as a legal record from the police of what appeared to happen in the incident. While it may seem obvious to contact the authorities first, this is not always what happens.

    Call an Ambulance if Necessary

    In smaller accidents, you might be hesitant to call an ambulance. While many accidents such as smaller fender benders might not always require medical attention, it is always in your best interest to get checked anyway to be safe.

    In larger accidents, always call an ambulance. You or other parties may have been injured but are unaware of injuries at the time due to shock. As the shock wears off and days go by, this is when some injuries become present. The sooner your injuries are diagnosed, the faster you will be able to get treatment.

    Complete All Treatment

    If you are diagnosed with injuries, it is important to complete all appointments and treatment that is given to you by medical professionals. Missing treatment can lead to an increased length of time to recover from the incident. Depending on the incident, more intense injuries can increase your time out of work, school, etc. and put you behind in life. By attending all appointments scheduled, insurance companies are not able to deny the claim for “lapse in treatment.” Lapse in treatment is a common defense used by insurance companies that could show your injuries from the accident are not sustained over time.

    Keep Medical Records and Receipts

    When receiving medical attention or care, keep all records and receipts organized. If an attorney is hired for your personal injury case for a car accident, this will give you a great advantage. Keeping a record of the medical receipts will help provide you with the proper compensation for your case.

    Hire an Attorney

    Upon being in an accident, hiring an attorney to take your case is the best decision you can make. A successful attorney can help negotiate a higher settlement and provide the faster compensation you deserve for your case. For more information on the cost of hiring an attorney for a car accident, click here.

    Contact Us

    At Schehr Law PLLC, we have years of experience in dealing with insurance companies. We understand what it takes to make you whole after an accident. The sooner you are able to contact us, the easier it will be for us to build a strong case. Don’t let the insurance companies take advantage of you. We offer free consultations for all personal injury cases. Please do not hesitate to reach out.

  • What Is the Cost of a Personal Injury Attorney?

    After an accident has occurred, hiring a personal injury attorney is the best decision you can make. No matter what type of accident you were involved in, an attorney can help build a case and provide all the necessary evidence you may need in court. Before deciding to hire a personal injury attorney, many individuals are concerned with the cost to hire a personal injury attorney. It is often difficult for individuals to obtain the money in advance to pay for an attorney, that is why personal injury attorneys operate on a contingency fee basis and are still able to be hired even without having the money upfront.

    Upfront Costs

    Upon hiring an attorney for a personal injury case, the only upfront costs to the firm are often minimal filing and service fees. These fees are not expensive and will not prevent an individual from being able to hire an attorney for their case.

    Contingency Fees

    All personal injury attorneys are hired on a “contingency” basis, meaning that there is no money required from a client to begin a case. Upon finishing and completing a case, an attorneys final fee comes from a percentage of the clients final settlement or court award. Typically in North Carolina, this percentage is 33% of the settlement total. Upon receiving the percentage of the settlement, mediation fees, deposition fees, etc. that were advanced by the firm are now taken out of the settlement.

    Contingency Fee Agreement

    Upon choosing to hire an attorney for your case, you should review the contingency fee agreement with your attorney and review any questions you may have before signing it. This document includes the exact percentage of the settlement that the attorney will be paid. While the typical percentage is 33%, this percentage can change based on a variety of factors including the complexity and risk of the case that the attorney is undertaking. In more complex cases, a higher contingency percentage will be required and noted in the agreement.

    In instances where a personal injury case is able to be settled before an attorney has to file a lawsuit, the contingency fees are typically lower. On the other hand, if parties cannot reach a settlement and a lawsuit must be filed by an attorney, higher contingency fees can be expected. Nonetheless, the final decided contingency percentage will be listed in the agreement and should be reviewed with your attorney before signing.

    Benefits to Hiring an Personal Injury Attorney

    There are various benefits to hiring an attorney to take on your personal injury case.

    • No money is required upfront, paid out of settlement upon completion of case
    • Attorneys know how to negotiate a higher settlement and have better chance of winning
    • Attorneys are able to provide faster compensation and save you time waiting on your case

    Contact Us

    After being in an accident it is important to begin building your case right away. An attorney can help assist you with building a case, without requiring money up front. At Schehr Law PLLC the cost to hire a personal injury attorney is zero, if you are looking for more information or have any questions please, do not hesitate to reach out. To learn more about our success and personal injury practice areas, click here.

  • Strategies for Sharing the Road and Becoming a Safer Cyclist in Traffic

    Cycling along a dedicated bike path is always preferable to pedaling alongside motor vehicles.
    Unfortunately, riders must sometimes contend with traffic, and cars will forever present a danger.
    The following are some strategies for sharing the road with motorists and avoiding catastrophe.

    Practice Cycling in Tight Spots

    The better acclimated you become to biking under stressful conditions, the more prepared you’ll be for
    being on the road. Train yourself by moving between cars at a local parking lot. Doing this will increase
    your comfort level with having vehicles alongside you. Next, create an obstacle course at home. Get used
    to the stress of completing it without knocking anything over.

    Practice Looking Forward

    Cycling accidents typically happen when the rider is not looking ahead. As you cycle, try worrying less
    about what’s behind you than what’s coming next. Be particularly vigilant at intersections, where cross-
    traffic can cause tragedies. Maintain high awareness around driveways, as someone might be backing
    out. Pay attention to parked cars. Operators may put an unexpected hazard in your path by throwing
    open their doors without notice.

    Practice Eye Contact

    Never assume that someone behind the wheel sees you. Get into the habit of looking into the eyes of
    drivers to confirm that your presence is recognized. Nonverbal communication can be an effective way of
    determining who has the right of way.

    Practice Wearing Safe Clothing

    Never go biking alongside traffic without adhering to the proper dress code. Wearing brightly colored
    clothing helps assure that drivers see you. The best option is to buy cycling gear from an official supplier.
    Alternatively, cover your jacket and helmet with reflective tape. Affix a blinking light to your seat for added
    safety. Avoid wearing clothes with dangling elements that could get caught in your wheels.

    Practice Going With the Flow

    The last one of the strategies for sharing the road is to plan your routes ahead of time so that you are
    always riding with the flow of traffic. Most often, this means staying in the right-hand lane. Remain to the
    side but not too far over that cars are tempted to zip past you. Be aware of gutters and other barriers that
    could mean trouble. If you are lucky enough to be on a road that has a bike lane, take advantage of this feature.

    Even if you are especially ready to handle the rigors of biking on major roads, and know the strategies for
    sharing the road, there still exists the chance you’ll be in an accident. After calling 911, contact a bicycle
    accident lawyer like our friends at Cohen & Cohen to file litigation against the responsible individual.

  • What Is Contributory Negligence and How Does It Impact Your Case?

    What is Contributory Negligence?

    Contributory negligence refers to the plaintiff’s own negligence of their safety that contributed to the injury or damage caused. In other words, finding reasoning to believe the plaintiff is at partial fault for the accident.

    Examples:

    • A pedestrian was not paying attention and negligently crossed the road before looking for oncoming cars. A driver was behaving negligently and distracted using his phone while driving, and didn’t see the pedestrian crossing the street. In this situation, both individuals were acting negligently and are at fault.
    • A car accident occurred between a driver that was speeding and another driver that was driving drunk. Again, both individuals are at fault and put their own safety into question.

    Contributory Negligence in North Carolina

    North Carolina is one of five jurisdictions that still practices pure contributory negligence in personal injury law. Other states and jurisdictions that practice pure contributory negligence include Alabama, Maryland, Virginia, and Washington, D.C.

    In the state of North Carolina, if you are in an accident and deemed 1% at fault for the accident, you are responsible for your own damages from the accident. It allows both parties in the accident to be at fault and liable.

    If you have been involved in an accident in North Carolina and the at-fault driver’s insurance company has decided to deny your claim, this is most likely due to the fact they are trying to prove that you were also negligent in the accident as well. It is extremely important to consult with a North Carolina attorney to discuss your legal options once the claim has been denied.

    How Does It Impact Your Case?

    Contributory negligence can have a huge impact on your case in the state of North Carolina. Due to this law, if the defendant is able to prove that you are in any way partly responsible and at fault for the accident, you could risk losing compensation for the accident. These cases are complicated and requires a lot of contact with insurance companies, which can be extremely time-consuming. In this case, it is important to use an attorney with experience in personal injury to work with you on a contributory negligence defense.

    Contact Us

    If you or someone you know have suffered a personal injury because of someone else’s reckless, or negligent behavior, it is important to speak with a personal injury attorney. At Schehr Law PLLC, we have years of experience dealing with insurance companies. We offer free consultations for all personal injury cases. To learn more about our success and personal injury practice areas, click here.

  • How Much Does it Cost to Hire an Attorney for a Car Accident Case?

    The cost to hire an attorney for a car accident case is certainly a valid question to ask yourself. If you sustained injuries in a car accident, you may be hesitant to contact a lawyer. This hesitation may stem from the need to sue the other driver so as to receive compensation for your injuries and their associated expenses and losses. You may fear that an attorney will charge you an up-front fee to represent you. You may fear that you don’t have the money to pay. Fortunately, your fears are likely unjustified.

    Contingency Fees as a cost to hire an attorney for a car accident

    Most personal injury lawyers, including those experienced in car accident cases, charge what is called a contingency fee. Under this kind of fee arrangement, you pay no up-front attorney’s fee. Instead, the lawyer takes his or her fee out of whatever settlement or jury award he or she obtains for you. In other words, if they are unsuccessful in obtaining compensation for you, you owe him or her nothing. Be advised, however, that such a result almost never occurs.

    Employment Contract

    Different lawyers charge different contingency fees, as the lawyers at Cohen & Cohen can explain. For instance, some lawyers charge a flat percentage, usually around 33%, regardless of whether or not your case goes to trial. Other lawyers take a bifurcated approach, charging a lower percentage, such as 20-25%, if they settle your case and a higher percentage, such as 33-50%, if they must conduct a jury trial on your behalf. With this being said, the cost to hire an attorney for a car accident case potentially costs you zero up front fees.

    Your lawyer should give you a written employment contract that both you and he or she will sign that sets forth exactly what you will owe in attorney’s fees and when and how you will pay them. The employment contract should also specify what, if any, investigation and court costs and fees you will be responsible for paying in addition to the attorney’s fee.

    Free Initial Consultation

    If all of this sounds somewhat complicated, you will be glad to know that most personal injury attorneys offer free initial consultations. This is where you talk to the lawyer for free before hiring him or her. Be sure to not only fully advise him or her of the circumstances of your accident and the injuries you sustained, but also to ask questions about his or her fee and how and when you will be required to pay it. It goes without saying that you should never sign an employment or any other type of contract unless you fully understand its terms and obligations.

    Finding the Right Lawyer

    If you’ve never before required the services of a lawyer, you may wish to ask your family and friends for recommendations. The internet is another good source. Search for personal injury attorneys in your area and then look over the web sites of several. Be sure to check the lawyer’s or law firm’s practice areas to see if they handle cases similar to yours. Some web sites also show you some results the lawyer or firm has had in the past, as well as recommendations by former clients.

    Contact us as there is no cost to hire an attorney for a car accident

    The cost to hire an attorney for a car accident at Schehr Law PLLC is zero. We are proud to say that we almost exclusively take car accident cases on a contingency fee basis. To learn more about our success and personal injury practice areas, click here.

  • Car Accident? Who to Call if You Are in a Car AccidentWho to contact after being involved in a car accident

    Knowing who to contact after a car accident seem obvious, but you would be surprised at how many clients contact our office and are confused on who to contact after a car accident. We receive many cases where an appropriate authority has not yet been contacted. Many folks believe that the only person you should call after a car accident is the police department. For the sake of this blog post, we are talking about who to call directly after the car accident occurs.

    We hope that the following helps with understanding who are important parties to contact after a car accident occurs.

    1) Contact local authorities immediately after a car accident

    This one may seem like a no brainer, however, this does not always happen. Depending on the severity of the car accident may determine whether or not the parties contact authorities.

    Minor car accidents and property damage

    We have all heard of the minor fender bender where one party simply states they will pay out of pocket for damage. This same scenario play out time and time again. The problem with this is that some people are not always trustworthy when it comes to paying out of pocket for damages. One party may provide false information, or give wrong information and you may never hear from them again.

    Make sure that if the car accident is minor you still contact local authorities and have an officer show up to the scene. This helps establish a record of the car accident. A police report will be generated and each party’s insurance information will be documented. You should end up with a breadth of information that you can use to ensure that your property damage is fixed. You will no longer need to worry that the other driver might provide fake information. Even if you have a separate agreement with the other driver to cover damages, you still have their insurance information if need be.

    Major car accidents

    If you are involved in a major car accident which results in personal injuries and/or property damage, it is a must that local authorities are called. Even if you feel as though you can simply walk away from the auto accident, it is always smart to be checked out by medical professionals. One reason it is important to contact medical professionals is you may be in shock after the car accident. You may not realize you are injured until a couple of days after the car accident. The quicker medical professionals can diagnose your injuries, the quicker you can get treatment for your injuries.

    2) Contact the other driver’s insurance after a car accident

    Once authorities are called, the officer will complete a police report which will contain the other driver’s insurance information. It is important to contact the other driver’s insurance company as soon as possible to report the car accident. Before providing details of the car accident to the insurance company you should contact an attorney. An attorney will be able to write a letter of representation and provide details on your behalf to ensure there are no issues down the road. Give our office a call if you are about to contact an insurance company to report an accident.

    3) Contact your own insurance company after an auto accident

    You always want to contact your own insurance so that they may perform their own investigation. Given that North Carolina is a contributory negligence state, you insurance company will be able to perform their own investigation and assess liability.

    It is also important to contact your own insurance company to put them on notice of the car accident. If it turns out that the other driver does not have insurance, your insurance company may be able to provide you with some relief. Your insurance company can review your policy to determine if you hold uninsured or underinsured motorist coverage.

    4) Contact your family after a car accident

    Contacting your close family members is always a good idea after an auto accident. What most folks don’t understand is that family members make great witnesses in court. If you contact a family member directly after an auto accident, they will be able to testify to your state of mind after the car accident. Should you forget details after the auto accident, your family members may be able to testify to your recollection of the events. However, ensure that what you tell your family members is accurate regarding the accident. You want to ensure that if they testify in court, their statements are going to be accurate.

    5) Make “contact” with your journal after a car accident

    Be sure to jot down notes after the car accident. One thing about the court system is that things move very slowly. Although the accident may seem fresh in your mind, the details may not seem so fresh when you are testifying years later. Unfortunately, because cases move slow through the court system, you may not remember everything from the accident. A journal is a great place to write down details so that you can later refer back to them.

    It is important to ensure that you write accurate notes about the accident. During the process of discovery, the defense attorney will gain access to the journal. If your statements are accurate, you will give the defense no ammo to attack your case.

    6) Contact an experienced attorney after a car accident

    One of the most important things you can do is contact an experienced personal injury attorney after the car accident. A good personal injury attorney will have a magnitude of experience in dealing with insurance companies and litigating cases. An attorney will be able to contact the insurance company on your behalf, and understands the tricks they will play. An experienced attorney understands how to dispute liability, and collect all necessary evidence to build a case.

    Without an experienced attorney by your side, you run the risk of lowball offers from the insurance company. These lowball offers never take into consideration all of your physical and mental suffering. Not only will insurance companies not take your injuries serious, but they will find other ways to not include your lost wages and future damages.

    To read about our practice areas, click here. If you are having trouble finding the other parties insurance information after a car accident, you can contact the North Carolina Department of Insurance here.

    Contact us today so we can represent you in your car accident

    At Schehr Law PLLC, we have years of experience in dealing with insurance companies. We understand what it takes to make you whole after an accident. The sooner you are able to contact us, the easier it will be for us to build a strong case. Don’t let the insurance companies take advantage of you. You can contact an attorney at our office directly at (704) 900-0336. We offer free consultations for all personal injury cases. We don’t get paid until we get you paid.

    To reach our Spanish speaking assistant or paralegal, please contact our office at (980) 267-2761.