Presently, North Carolina is one of only 5 states that follows contributory negligence, meaning if an injured party is partially responsible for his injury, even if only 1%, he is prevented from recovering any damages from the party primarily at fault.
It is critical that you speak with an experienced North Carolina auto accident lawyer before you speak with the insurance company for the at-fault party. They will try to get you to make statements that can be interpreted as an admission of partial fault on your behalf. An admission of partial fault with give rise to contributory negligence, and you can count on hardball tactics by the insurance company. Furthermore, once you have retained an attorney, the insurance company is legally prohibited from speaking with you, and can only deal with your attorney.
The State of South Carolina follows comparative negligence, meaning as long as an injured party is less than 50% at fault for the accident, they can recover damages for their injuries. The amount of the injured party’s comparative negligence is deducted from the other party’s amount of liability.
Before you speak with the adjuster from the insurance company for the other vehicle, it is important that you consult with a lawyer so that you do not make statements that will jeopardize your case. Call Auger & Auger today for your free consultation.
Call Auger & Auger today for your free consultation.