Herb Auger Auto Accident FAQ

What should I do right after I’ve been in a car accident in North Carolina?

Herb: Depending on your injuries, if you are able to safely get out of the vehicle, I recommend that you obtain the names and telephone numbers of any witnesses at the scene. Read More

Can I be guilty of contributory negligence, even though it was clearly the other guy’s fault?

Herb: Yes.  What might appear on its face as complete liability on the part of the other driver, can quickly be negated if the other driver claims that you were also to blame and there are no witnesses to prove or disprove either account. Read More

In a 50/50 fault accident, can I get any settlement at all?

Herb: Maybe, but in North Carolina, it is very difficult.  The other insurance company is not going to voluntarily pay if it is contributory negligence, so you will be required to go to trial to prove your case. Read More

What should I do or not do after an accident if I plan to file an injury claim?

Herb: The person involved in the accident should never speak with the insurance company.  Have someone else file the claim and make the calls for you.  Read More

How should I report a car accident claim to the insurance company?

Herb: The best way I’ve found, usually is to have a family member that wasn’t in the wreck call and file the claim.  Generally, you don’t want the person injured doing that.  It’s not going to help. Read More

How long after a car accident can you make a claim for it?

Herb: In North Carolina you have three years to file a lawsuit based in negligence or you’ll be forever barred from doing so.  The sooner you file the claim Read More

How does a car accident lawsuit work?

Herb: Generally, most clients and insurance companies want to work things out without going to court.  Once you file a lawsuit, it gets expensive on both sides.  It’s time consuming and you’re at the hands of a jury that you never know what they’re going to do. Read More

What can I do to support or help my claim?

Herb:     If you are injured, don’t delay in getting medical treatment.  And be careful what and who you talk to about the accident. Beware of facebook and any postings. Read More

How often do your cases end up going to trial?

Herb: I’d probably say less than ten percent.  Most cases do get resolved.  The cases that don’t get resolved are usually problematic where the insurance company thinks there’s a prior condition Read More

The first time clients call in after they’ve had an accident, what are the most common questions they have?

Herb: Do I need a lawyer?  A lot of people ask, do I need a lawyer?  Why do I need an attorney?  Or, can I handle this on my own?  After we speak with them, give them advice for fifteen minutes, a lot of them are like wow, we didn’t know that.  Can you help me? Read More

Is settlement money for a personal injury claim taxable?

Herb: No, personal injury settlements are not taxable.  When people come in for their settlement check, I always tell them keep a copy of your settlement sheet.  We always give the client a breakdown at the end of the case Read More