T3CHN0F0B1A
Junior Member
What is the name of your state (only U.S. law)? NC
NC has an "interesting" auto insurance law that states (paraphrased), "In a claim where a party is judged to be at fault, if it can be proven that the other party was partially [even 1%] at fault, then the insurance company representing the party who caused the accident doesn't have to pay squat."
We were dealt this hand recently by Direct General whose client turned left in front of my son and totaled our car. They refuse to compensate us for anything, claiming my son was 20% at fault. A witness testified to my son and to the police who took the report that the other driver was at fault. The police cited the other driver for failing to yield AND driving with a suspended license, so I think we’ve got a pretty good case.
I’ve been to the NC Magistrate’s web site and they have a “booklet” and other info that is supposed to answer all your questions, but I still have a few.
Direct General has offices here, however the guy who handled this case is in TN. How do I properly notify and name DG and/or this guy in a small claims case? Also, who notifies them/him and how?
Also, I was advised by the NC Insurance Commission to sue the driver, the owner of the car, and Direct General – 3 parties. The small claims forms have room for only 2 defendants. Anybody know how to handle this?
Any help is greatly appreciated!
NC has an "interesting" auto insurance law that states (paraphrased), "In a claim where a party is judged to be at fault, if it can be proven that the other party was partially [even 1%] at fault, then the insurance company representing the party who caused the accident doesn't have to pay squat."
We were dealt this hand recently by Direct General whose client turned left in front of my son and totaled our car. They refuse to compensate us for anything, claiming my son was 20% at fault. A witness testified to my son and to the police who took the report that the other driver was at fault. The police cited the other driver for failing to yield AND driving with a suspended license, so I think we’ve got a pretty good case.
I’ve been to the NC Magistrate’s web site and they have a “booklet” and other info that is supposed to answer all your questions, but I still have a few.
Direct General has offices here, however the guy who handled this case is in TN. How do I properly notify and name DG and/or this guy in a small claims case? Also, who notifies them/him and how?
Also, I was advised by the NC Insurance Commission to sue the driver, the owner of the car, and Direct General – 3 parties. The small claims forms have room for only 2 defendants. Anybody know how to handle this?
Any help is greatly appreciated!
