When people get involved in a car accident, they have the right to seek compensation for treatment of their medical injuries or loss of earnings through their own insurance carrier or the other driver’s insurance provider. However, before damages are awarded through a third-party insurance provider, it’s critical to first establish that the other driver caused the accident.
This process is typically how it goes in many U.S. states. However, in North Carolina, things are more complicated than that because of the contributory negligence doctrine. When a driver—who is the plaintiff in this case—is proven to be 1 percent at fault for the accident, he or she is most likely to lose the right to claim for damages. Thus, when filing for a third-party insurance claim, plaintiffs should be duly prepared since they can expect the defendants to think of ways to prove they were to blame for the accident, too.
If you’ve been involved in an accident and your instinct tells you that the other driver will insist on contributory negligence, don’t hesitate to hire an experienced personal injury attorney right away. A lawyer will gather evidence to establish that you didn’t have a hand in the accident. This may involve interviewing people who witnessed the accident.