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Car Accident Questions, its a doosy!

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subzero3

Junior Member
What is the name of your state: NC

Hello all. My name is Kevin and I am from Raleigh, NC. On June 8th 2007, I had a car accident on S.Miami Blvd. It was a red light crash, where the lady who hit me, hit me making a left hand turn (she turned into my vehicle). I have one witness at the event who said that I had the green light, and the other lady has a witness who on the police report and says he "believed" I had a red light. However, my witness was at the scene with the officer but her witness left the scene and left a business card with the lady to give to the officer.

The officer on the police report listed the lady as at fault for "improper left turn" but did not issue a citation at the scene. At the time I did not have full coverage with my insurance company so the onus was on me to collect from her insurance company. Long story short the insurance company denied my claim, and I accrued around a $470.00 towing and storage bill while waiting for the insurance company to declare fault to go along with my destroyed car.

Its also interesting to note that at the same time my insurance company denied her claim as well so I suppose it was listed by the insurance companies as "no fault"

I called a bunch of lawyers at that point, but none of them would take my case. The injuries I sustained during the accident were minor (2nd degree burns on my right hand, and a little bit of back and neck stiffness and soreness). The couple of local lawyers that I actually went to meet suggested that I settle the claim in small claims court in Durham NC since the damages I was asking for were so minor.

After noticing that the legal limit for small claims court was $5,000.00 I decided that was what I was going to ask for. I asked for 3,200 for my car, 470 for the towing fee, 100 for my medical consultations and 1200 for pain and suffering associated with my hand and back and neck.

The court date was on August 20th 2007 (yesterday) and the insurance company brought in a Raleigh lawyer to defend her in small claims court and long story short I got owned, HARD. This guy was throwing out all kinds of legal terms, and he was objecting to all questions that I had for his witnesses while at the same time ripping mine apart. I was under the impression that small claims was very informal, but this was rough. I was constantly being denied questions due to his objections and it all around went badly for me.

Needless to say I lost. I believe that I am in the right here, the key point here is that we both had the same green light, she just had a left turn must yield sign for her left turn and a green arrow which was off at the time, I just can't handle this lawyer. I have 10 days to appeal and I'd like to do it if I can find my own lawyer, does anyone have any suggestions on what type of lawyer to look for? Accident attorneys don't seem to be interested as there isn't really any money to be gained. I'm willing to pay for one but I'm not sure if I should look for a lawyer or try again in the appeals process representing myself, any suggestions anyone has would be most appreciated. Thanks guys!

-Kevin
 
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ecmst12

Senior Member
You don't want a personal injury attorney since there's not enough money in it for them. You probably want a small time, general practice lawyer. You will pay him an hourly fee regardless of whether you win. Most states prohibit lawyers in small claims court but I guess NC isn't one of them.
 

subzero3

Junior Member
General practice attorney, that seems reasonable...

Apparently NC is not one of the states that prohibits lawyers from being in small claims court, in retrospect that does seem like a good prohibition to have as trust me this small claims was brutal. In my experience I'm finding a lot of NC "laws" are out there to screw the little guy.

Thanks for the info!
 

moburkes

Senior Member
At the beginning of your post you said it was a red light crash, at the end you said that you both had green lights. In any case, you can ask YOUR insurance company to send a lawyer with you.
 

subzero3

Junior Member
At the beginning of your post you said it was a red light crash, at the end you said that you both had green lights. In any case, you can ask YOUR insurance company to send a lawyer with you.
Sorry I wasn't clear on that, the term red light crash has been what has been thrown around by the lawyer and both insurance companies I thought that was the most appropriate legal terminology.

We were traveling opposite directions, me northbound and her southbound so we had the same light, but she hit me on a left hand turn, seems pretty open and shut to me but I keep getting blindsided.

At the time I didn't have full coverage (I do now, you only go into the maw of the beast once before you take steps not to do it again) and my insurance company has been completely worthless they are GEICO, do you really think that they will send a lawyer with me?
 

moburkes

Senior Member
I don't know WHAT your insurance company will do, but all you can do is ask. My insurance company (I'm an agent) sent a lawyer to represent me in a small claims court, but I asked for it. It cost them more to send the lawyer than what I was being sued for, but it made me feel better. The customer was totally wrong, and, even without the lawyer (who oly stated that the customer should have been suing the insurance company if he thought a mistake was made, not me), I would have won and did.
 

subzero3

Junior Member
I don't know WHAT your insurance company will do, but all you can do is ask. My insurance company (I'm an agent) sent a lawyer to represent me in a small claims court, but I asked for it. It cost them more to send the lawyer than what I was being sued for, but it made me feel better. The customer was totally wrong, and, even without the lawyer (who oly stated that the customer should have been suing the insurance company if he thought a mistake was made, not me), I would have won and did.
I am the plaintiff though, if I was being sued then from what I understand GEICO has a legal obligation to defend me as they would be the ones paying if I lost, but if I am trying to get damages from her insurance company I don't think GEICO is going to be much if any help at all.
 

moburkes

Senior Member
All you can do is ask. I'm not sure what more you want me to say. I'm an insurance agent licensed in about 40 states. I KNOW what the insurance company's obligation is to you. I never said they were obligated to assist you. I suggested that you ask.
 

subzero3

Junior Member
All you can do is ask. I'm not sure what more you want me to say. I'm an insurance agent licensed in about 40 states. I KNOW what the insurance company's obligation is to you. I never said they were obligated to assist you. I suggested that you ask.
Fair enough, it can't hurt :) I'll give it a shot thanks for the advice :)
 

alnorth

Member
At this point you could be pretty close to screwed, depending on the fine points of NC law.

You lost the judgement and want to appeal. Generally when you appeal you can not bring up any new evidence or new arguements, all you can do is argue that the judge made an incorrect ruling. You will need to have a lawyer for that to have any reasonable shot.
 

FlyingRon

Senior Member
The finer point of NC law is that an appealed Small Claims verdict goes to District Court-ordered arbitration and if that is appealed, the whole thing is heard de novo in District Court.
 

tammy8

Senior Member
A HUGE reason NC should have stop light cameras**************...however so many voted against it and won cause it was violating their rights:rolleyes:.

In NC about 90% of stoplight accidents end up being your pay for yours and I pay for mine, simply because we are an at fault state.

OP, from now on, watch while proceding through stoplights, stop signs or any intersection.
 

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