9 More Questions About North Carolina Property Damage Answered

The cost of hiring a lawyer to handle your vehicle damage claim is generally not practical. The cost of direct attorney assistance is too high. Even a lawsuit without a lawyer’s assistance may not be a reasonable option. A lawsuit takes time. When your primary objective is to get your car repaired as quickly as possible, the time required for a lawsuit can be counter-productive. We hope these Q&A's below will aid you in negotiating your vehicle damage claim without having to hire a lawyer. If you have a question, please visit http://www.lawyernc.com/ and ask us. We will have an answer to you in 24 hours.


1. Is it possible to avoid owing money to the bank on my totaled car when I’m upside down (ie: when you owe more on your car than it is worth)?

A: You can talk to your lender and see if they are willing to allow you to have your car repaired, despite the car having been declared totaled, or see if they are willing to do a substitution of collateral.

2. What is substitution of collateral?
A: Substitution of collateral is when a lender agrees to substitute the totaled motor vehicle with a comparable vehicle in order to allow you to finish paying off your loan. N.C. Gen. Stat. §25A-26 allows for the substitution of collateral in consumer credit sales, but allows the seller to charge a fee that is capped at 10 % of the unpaid balance of the debt or $15.00, depending on the lesser amount.

3. How can I get my “totaled” vehicle fixed if I owe more than its worth?
A: The insurance company most likely will not pay for repairs on a car they have evaluated as being a total loss. Therefore, you will need to approach the shop you are using to repair the car and find out if they are willing to fix the car for the amount that the insurance company is paying for the total loss. Before this is possible, you need to get the lienholder’s approval since their name is on the check as well. Please note that there is no guarantee, if you take this route and therefore, you undertake it at your own risk.

4. What about charges for towing and reasonable storage?
A: If the insurance company deems that your car is repairable, then they are responsible for towing and reasonable storage fees “until three days after the owner and storage facility are notified in writing that the insurer will no longer reimburse the owner or storage facility for storage charges.” 11 N.C.A.C. 4.0418(6).

5. My car was towed after the accident. How do I retrieve my personal items?
A: Contact the towing company and find out what the rules and policies are for picking up your personal items. Most likely, identification will be required before you are able to receive access to your vehicle and your personal items.

6. When am I entitled to a rental car?
A: The insurance company should pay for you to have a rental car for a reasonable amount of time. The insurance company should either place you in a rental or reimburse you for your rental car. Normally, this is during the time in which your car is being prepared or while the insurance company is deciding how much your car is worth. Once the insurance company has made a reasonable offer to pay you for your totaled car, or once your car has been repaired, you will need to turn in your rental vehicle.

7. What kind of rental am I entitled to?
A: The insurance company should place you in a similar vehicle. If you have a handicap or have a need for a specific type of rental, let the insurance company know.

8. Do I need to purchase the extra insurance coverage suggested by the rental car company?
A: Depends on your own motor vehicle insurance policy. You should check with your insurance company first and find out how much coverage you have under your policy to determine whether you need to purchase additional coverage. Normally, the insurance company is not obligated to pay you back for this additional coverage.

9. What if the insurance company or responsible driver wants me to sign a release?
A: Do not sign a release until you are 100% satisfied with your settlement. Also, make sure that the insurance company is not also including your personal injury claim in the release. Have your attorney take a look at the release to ensure that your rights are protected.

*Photo courtesy of adam*b by way of Flickr Creative Commons.

9 Fireworks Safety Tips and Links

It's almost that time again. A week away from today, everyone across the United States will be celebrating independence. Grilling hamburgers and hot dogs, playing catch, meeting up with the family; it's all par for the course this time of the season, but today we'd like to offer some tips and links to make sure if your celebration includes some type of firework, that you stay safe. Before we begin, check out this PDF file which explains what type of fireworks are allowed in North Carolina.

The National Council on Fireworks Safety lists nine safety tips to remember this July 4th:

1. Use fireworks outdoors only.

2. Obey local laws. If fireworks are not legal where you live, do not use them.

3. Always have water handy. (A hose or bucket).

4. Only use fireworks as intended. Don't try to alter them or combine them.

5. Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

6. Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

7. Alcohol and fireworks do not mix. Have a "designated shooter."

8. Only persons over the age of 12 should be allowed to handle sparklers of any type.

9. Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.

Additional Fireworks Safety Links:
Firework Related Injury Rates 1976-2007
Be Fireworks Smart Before, During and After Your Fireworks Display
Firework Safety - Kids Health
Fireworks Safety - US Consumer Product Safety Commission
Advice for staying safe during July 4th firework celebrations - WRAL-Raleigh, NC
Expert Tips on Firework Safety - Good Housekeeping
Fireworks - Safety and Advice Information - The Fireworks Shop

* Photo courtesy of The Wandering Angel via Flickr Creative Commons.

Friday Feed 78: Summer Time

This past Tuesday, at 1:16pm if you want to get technical, we said good bye to the spring of 2011 and walked into summer of 2011. So for this Friday Feed, we're going to pay homage to the season of the sun and break out some summertime links. We hope you enjoy and remember, when you exit the beach or pool to reapply the sunscreen.

Here Comes The Sun
Here are some shots from Boston.com's Big Picture Blog that show the power and beauty of the sun. All pictures were taken since the first of June.

How Sunburns and Sun Tans Work
Discovery Health gives us the full run down on sun tans and sunburns.

What is Humidity?
If you've lived in North Carolina, or the south in general, you know all about humidity. But let HowStuffWorks.com fill you in on the science behind it.

Highest Temperature Ever Recorded in North Carolina
The State Climate Office of North Carolina has the hot facts. The highest temperature in North Carolina was a steamy 110 degrees, but you'll have to click above to see where it was recorded.

7 Beach Safety Tips for the Summer
This one is from our own blog. Make sure you're safe when visiting all the great beaches of North Carolina this summer.

100 Greatest Summer Songs of All-Time
This article from Entertainment Weekly was penned in 1996. Still some great songs for the season. 

Grilling Tips
Earlier this week on our Facebook page, we asked everyone since it's time to grill, what are you grilling? Well, here's a whole page about grilling that includes tips, tricks and methods from the marinade to the meat.

USA Today: Backlog Grows For Social Security Appeals; North Carolina Social Security Disability Stats

Earlier this month, we shared a post that shined a positive light on the decision times associated with Social Security disability claims. Now, according to the USA Today, a report shows that there is a 5% jump in pending cases during the last year. Simply, the backlog is growing.

The study was performed by the Transactional Records Access Clearinghouse (TRAC), which is an data organization under the Syracuse University umbrella. While the numbers are pretty much are what they are, Social Security Commissioner, Michael Astrue, questions the significance of the increase of pending appeals. Commissioner Astrue thinks the more meaningful measure is in the faster processing and decision times produced by the SSA.

Like stated in the Fayetteville Observer article from early June, Commissioner Astrue's goal is to drop the waiting time to 270 days by 2013 from the 350+ day national average that we are currently seeing in 2011. With federal budget cuts and no new hearing offices opening up, this is an uphill battle, but one that Commissioner Astrue feels they will be close.

With all this said, where does North Carolina rank in the mix? From the information provided by the TRAC there are 722,786 cases pending in all states. North Carolina ranks in with the 13th most cases pending with 22,775.

Going into North Carolina, the Charlotte Hearing Office currently has the most pending cases in the state at 6,496 with Raleigh (6,253), Greensboro (5,542) and Fayetteville (4,502) following.

If you would like to look up more information, please check out this interactive data guide from TRAC.

Resources:
Backlog grows for Social Security appeals - USA Today
Social Security chief says Fayetteville office cuts wait time - Fayetteville Observer

Hardison & Cochran Motorcycle E-Newsletter (June 14th, 2011)

The Hardison & Cochran Motorcycle E-Newsletter is hot off the press. For your weekly look into the world of Motorcycles, just click here.

North Carolina General Assembly Approves Senate Bill 33, Medical Malpractice Reform

Last week, the North Carolina Senate approved North Carolina Senate Bill 33, a bill which reforms medical malpractice in the Tar Heel state. The main change in the SB33 is a $500,000 cap on "non-economic" damages. The exception to the $500,000 cap will be when an act of gross negligence, fraud, intentional failure, malice, or reckless disregard for the rights of others results in someone’s death, disfigurement, permanent injury, or loss of a body part. (1)  The bill will now be sent to Governor Perdue.

From Our Blog on North Carolina Senate Bill 33:
What is the North Carolina Senate Bill 33: Medical Malpractice Reform?

Additional Reading on North Carolina Senate Bill 33:
NC lawmakers take up slew of bills - WRAL
Dust settles on crossover as bills head to Gov - WRAL
Compromise reached on medical malpractice bill - Under The Dome Blog
NC General Assembly Strips Patients' Rights, Leaves All North Carolinians at Risk - NCAJ

North Carolina House Bill 542: Auto Reform Billed v. Paid

The following is a press release from the North Carolina Advocates for Justice which explains the House Bill 542 Billed v. Paid Auto Reform which passed two readings in the House earlier in June and passed its first reading in the Senate on June 6th.

RALEIGH, N.C., June 2, 2011-- Republican leaders in the NC House today pushed through proposals that will benefit insurance companies and giant pharmaceutical outfits, said the NC Advocates for Justice, at the expense of average North Carolinians.

"The Republican-led majority has said with this bill that it's OK for people who hurt others to benefit from their victims. And they've extended that privilege to insurance companies," said Todd Barlow of the NCAJ. "This is a bad bill that puts more money in the pocket of insurance companies, taking it from the innocent and the injured." HB542 skews the rules of presenting a lawsuit to favor wrong-doers and their insurance companies. The "Billed v. Paid" provision would mandate that people hurt by the actions of others reveal the extent to which they are covered by insurance, while allowing defendants – those accused of wrong-doing – to keep their insurance coverage a secret.

The upshot is that the wrong-doer would benefit from the victim diligently having paid his/her insurance premiums.

Billed v. Paid Is a Bail Out
Imagine you are injured in an accident – rear ended by a drunk driver or attacked by an aggressive, unattended dog. The resulting injuries are serious – an ambulance ride to the hospital, perhaps surgery. None of it was your fault; yet as a result you rack up $10,000 in medical bills.

But you've been diligent about paying for insurance. The hospital charges $10,000, of which your insurance company pays $5,000. That leaves you to pay $5,000.

Right now, in trials, a victim like you asks to be compensated for the full amount of $10,000. The fact that you paid $5,000 and your insurance company paid $5,000 isn't mentioned. After all, you paid for that insurance.

Tort reform lobbyists want to change that, and tilt the field against victims. Those lobbyists are wrong for two key reasons:

1.) You, the victim, paid for the health insurance. The discount would not have existed otherwise. And as a moral principle, the person harming you has no right to benefit from the 'discount' you paid for.

2.) This bill takes money you spent (for health insurance) to protect yourself and uses it to benefit of the insurance company of the person who harmed you. Your money in effect reduced the amount of restitution you received. In that sense it is a 'bailout bill' for insurance companies.

On top of all this, lobbyists only want victims to disclose their insurance situations, not defendants.

The NC Advocates for Justice today unveiled a new television and online campaign criticizing the Billed v. Paid bail out. HB542 now moves to the NC Senate, where Senators Phil Berger, Tom Apodaca, Pete Brunstetter, Neal Hunt and others may have a say on whether the legislation becomes the law of the land.

For more information, please visit http://www.letjuriesdecide.com/. Follow our news on Facebook http://www.facebook.com/NCLawandPolitics

Social Security Administration Commissioner Makes Stop in Fayetteville, North Carolina; Speaks About Social Security Disability Claims

Last week, Social Security Administration Commissioner, Michael Astrue made a stop in Fayetteville, North Carolina. He was in town to celebrate the opening of a permanent Social Security appeals hearing center which is located in downtown Fayetteville. The new center serves a 17 county region. Forty-eight employees are currently working in the new center.

In his visit, Commissioner Astrue said that the wait to appeal for disability benefits has been reduced considerably in the past four years in the Fayetteville area. Four years ago, the wait was more than 700 days. Today, as Commissioner Astrue mentioned, the wait in the area is down to under 300 days.

For more information and pictures on Commissioner Astrue's visit to the Tar Heel state, please view this article by Andrew Barksdale of the Fayetteville Observer.

For more stats on the decision time of disability appeals across the United States, check out this blog we posted in 2009 about a special report from Delaware Online. The report has sortable stats from each hearing office nationwide and also the percentage of people who are denied benefits from the initial application. In the stats, North Carolina, at the time of the report, is one of the top states of denials with an 82% rate.

House Votes In Favor of North Carolina Workers' Compensation Act Changes

Yesterday in the North Carolina General Assembly, the House voted in favor of changes to the North Carolina Workers' Compensation Act. The bill, which has changed from its original filing in April of 2011, passed with a vote of 102 in favor and 12 opposed. Before the bill moves to the Senate there will be a final vote in the House which is expected to be later this week. If the bill is favorable in the Senate, this would mark the first major changes to the North Carolina Workers' Compensation Act since 1994.

The main change the bill proposes is a 500 week (roughly 9 1/2 year) cap on disability benefits for injured workers in the state. In the original bill, specific severe injuries were the exception to the cap. The version which was voted on yesterday includes a provision for "extended compensation" for workers who can prove that their capacity to earn wages is lost. Other changes include:

● Expanding an employers' access to an injured worker's doctor

● Extending benefits to dependents of the injured worker from 400 to 500 weeks.

● Workers killed on the job burial expenses will rise from $3,500 to $10,000.

To see the full text of the bill which was voted on yesterday, please click here.

More information on North Carolina House Bill 709:
House votes in favor of workers' comp overhaul - News & Observer
North Carolina House Passes Workers’ Compensation Changes - Insurance Journal