When The Other Driver Is At Fault

Often times, folks have questions or concerns that they often think need the advice or representation of an attorney. Throughout the years of my practice, I’ve had the opportunity to represent numerous individuals and businesses in addressing their legal needs. Based on that experience, I have a scenario I’d like to share with you that may let you know whether or not you may be in need of our services or the services of an attorney in general. In this particular situation, a client was injured in a motorcycle wreck, while riding a bike, through no fault of their own. The injuries suffered were a result of the negligence of another driver. The question was presented and the client was informed by another attorney that they were only entitled to recover the liability limits of the negligent driver’s insurance policy. The client’s question was, shouldn’t that person, or their insurance company, be responsible for paying all of his medical bills that resulted from the wreck? The short answer is, yes. The person that was driving and caused the wreck should be responsible for all those medical bills and other damages that they caused in the wreck. However, in North Carolina, like many states, the liability limits of the policy are the extent of what an insurance company will likely have to pay in the event of a claim against their insured. So in this particular example, it may be possible, depending on the assets of the person who caused the wreck, to exhaust the liability limits on the policy and then continue efforts to try and collect monies from the responsible person. Those efforts would go outside the limits of the liability policy and look at other assets that person may have. Often times that takes some creativity, and some digging on our part. We like to think we’re fully capable and qualified to do that; we’ve done it in the past. But it’s really an analysis that needs to be made after the accident has happened, obviously, and after some due diligence. So if you find yourself in that situation, I would suggest contacting an attorney and letting them take a look at it. Please remember that every case is unique and requires specific analysis. If you think you need the services of an attorney here at Fisher Stark, we highly encourage you to contact us at the information you can find on the screen. Myself or one of my law partners will be glad to speak with you.

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We are North Carolina personal injury lawyers. We are attorneys that serve Western North Carolina and beyond. If you've been injured please contact us at 1.828.505.4300