|
Updated 3/18/2023
After any accident it is important to immediately notify your insurance company to make sure you comply with any contractual duty or else you may provide your insurance company an opportunity to deny coverage. Most DA’s are willing to dismiss the ticket after your insurance company provides a letter accepting liability and paying for any damages incurred by the other driver. Can you get a ticket after a car wreck in NC? At fault drivers often receive a traffic citation for an accident adding insult to injury. Some of the following are the most common tickets issued as a result of an accident:
Failure to report an accident in NC Pursuant to NCGS 20-166.1 the driver of a vehicle involved in a reportable accident must immediately, by the quickest means of communication, notify the appropriate law enforcement agency of the accident. Very often when a driver runs off the road into a ditch or a tree they call a friend for a ride home rather than remain at the scene for a tow truck. This can often result in a charge of failure to report an accident citation in NC. When this happens late at night law enforcement might assume the driver was drunk and is fleeing the scene. What is a reportable accident in NC?A reportable motor vehicle crash occurs on a traffic way (any land way open to the public as a matter of right or custom for moving persons or property from one place to another) or occurs after the motor vehicle runs off the roadway but before events are stabilized. In addition a reportable crash must meet at least one of the following criteria:
Hit and Run accident in NC Often a hit and run citation is simply due to the driver not realizing there was an accident or not pulling over fast enough. It is important to call 911 if you have been involved in accident and simply want to drive to a safe location before you pull over. It is certainly understandable to not pull over late at night in an isolated area as it could be the other driver caused the accident on purpose to get you to stop. By calling 911 this alerts law enforcement you are not fleeing the scene, but simply driving to a safe well lighted location. If your insurance company pays for the damage to the other vehicle the charge of hit and run may even be dismissed in court with the help of an attorney to advocate on your behalf. Why do you have to appear in court for a car accident? Your NC traffic ticket as a result of an accident may or may not require a mandatory court appearance by either you or an attorney. That being said, paying off any traffic ticket is the same as pleading guilty. Pleading guilty to a moving violation from a car accident is admitting you were at fault and could open you up to civil liability for any property damage or medical bills incurred by the other driver and passengers. The better approach is to contact your insurance company and allow them to investigate who was at fault in evaluating any claims. In the meantime hiring an attorney to seek a dismissal is usually a prudent decision. How much does a car accident ticket cost? Court fees in North Carolina for traffic tickets are usually around $190-$288 depending on the charge. Once again, it is important to note that simply paying a ticket is the same as pleading guilty and admitting fault. Can you go to jail for a car crash? Although jail time for a car accident in North Carolina is rare it is possible depending on the charge. Death by motor vehicle especially if it involves a DWI could easily result in jail time. Active jail time as a result of a simple accident where nobody was hurt is very rare. Is causing a car accident a crime in NC? Causing a car accident in North Carolina can result in criminal charges. That being said, a car accident does not always result in a criminal citation as there is certainly a distinction between criminal action and civil negligence. Car accident ticket dismissed in NC If you were issued a criminal citation as a result of a car accident there is no reason to simply pay that ticket off and have your insurance increase any more than it likely will already due to the accident. Usually if you were at fault and your insurance company pays for any property damage or personal injury suffered by the other driver then your ticket can be dismissed with a good insurance letter. What is a good insurance letter? A good insurance letter generally states exactly how much has been paid to the other driver and that all known claims have been settled. Car accident citation in NC Often a car accident results in one or both drivers being issued a ticket. Although the officer may not have witnessed the accident he or she can speak with any witnesses and observe the damage to assign fault in their accident report. It is also important to understand that any accident report is not conclusive in a court of law and speaking with an attorney before pleading guilty is always advisable to potentially avoid either criminal or civil liability. Appearing in court for a car accident in NC Even a mandatory court appearance can usually be avoided by hiring an attorney to appear on your behalf. Accident cases in particular often require multiple court appearances to allow your insurance company to resolve any outstanding claims as a result of the accident. Ideally, once all claims are finally resolved any moving violations can be dismissed upon presentation of a good insurance letter. Car accident plead not guilty Paying off any ticket is the same of pleading guilty as charged. This can result in admitting civil liability and therefore should be avoided at all costs until speaking with an experienced attorney or your insurance adjuster to confirm all claims have been settled. Car accident ticket dismissed insurance In many counties in North Carolina citations received simply due to an accident can be dismissed with a good insurance letter. This provides incentive for the defendant to work with the insurance company to make sure the other driver is compensated. To learn whether this is an option in your county it would be advisable to reach out to a local attorney for advice. How long does an insurance company have to settle a claim in NC?There are no strict deadlines to immedicably settle insurance claims in North Carolina, especially if a lawsuit has been filed. Many times a personal injury victim seeks treatment for three years before they are willing to sign a release of their claim. This can often make resolving a ticket due to an accident difficult as the DA is looking for an insurance letter stating all known claims have been settled. Hiring an attorney to continue the case multiple times can save a defendant countless hours in court as the case drags on and on. Property damage from car accident in NCNCGS 20-166(c)(1) allows for a driver to be charged with a misdemeanor for leaving the scene of an accident and not reporting said accident within a reasonable time. Personal injury from car accident in NC NCGS 20-166(c)(2) allows for a potential felony charge if a person leaves the scene of an accident resulting in injury. NC car accident laws North Carolina is a contributory negligence state meaning if any party Is fault they will not be able to recover in civil court. This can often make personal injury claims difficult to litigate as insurance companies generally raise contributory negligence as an affirmative defense. Perhaps this is part of the reason police are so quick to assign fault and issue a ticket even when they were not witness to the accident. As stated above the criminal citation often prompts insurance companies to accept liability and resolve the claims. Failure to reduce speed NC NCGS 20-141(m) states “The fact that the speed of a vehicle is lower than the foregoing limits shall not relieve the operator of a vehicle from the duty to decrease speed as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway, and to avoid injury to any person or property.” This ticket is most commonly given when one drives runs into the back of another driver. Reckless driving car accident NC NCGS 20-140 refers to reckless driving in NC and is written broadly enough to be given at the discretion of the officer. This offense is often given when someone runs off the road into a ditch or flips their car. Some officers mistakenly believe there is an unwritten rule than speeding more than 25 mph over the limit is automatically reckless driving. Running a Red light accident ticket in NCNCGS 20-158(b)(2) states “When a traffic signal is emitting a steady red circular light controlling traffic approaching an intersection, an approaching vehicle facing the red light shall come to a stop and shall not enter the intersection. After coming to a complete stop and unless prohibited by an appropriate sign, that approaching vehicle may make a right turn.” Since the removal of red light cameras in Charlotte this ticket is being issued with more frequency in cases with and without accidents. Failure to stop for a stop sign accident ticket in NCNCGS 20-158(b)(1) states “When a stop sign has been erected or installed at an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to vehicles operating on the designated main-traveled or through highway. When stop signs have been erected at three or more entrances to an intersection, the driver, after stopping in obedience thereto, may proceed with caution.” Failure to yield accident ticket in NCNCGS 20-155 states “When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.” Following too closely accident ticket in NC NCGS 20-152(a) states “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” Driving left of center accident ticket in NC NCGS 20-146(a) states “Upon all highways of sufficient width a vehicle shall be driven upon the right half of the highway except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (3) Upon a highway divided into three marked lanes for traffic under the rules applicable thereon; or (4) Upon a highway designated and signposted for one-way traffic.” Improper Passing in NC NCGS 20-150 states “(a) The driver of a vehicle shall not drive to the left side of the center of a highway, in overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety. (b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 500 feet. (c) The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railway grade crossing nor at any intersection of highway unless permitted so to do by a traffic or police officer. For the purposes of this section the words "intersection of highway" shall be defined and limited to intersections designated and marked by the Department of Transportation by appropriate signs, and street intersections in cities and towns. (d) The driver of a vehicle shall not drive to the left side of the centerline of a highway upon the crest of a grade or upon a curve in the highway where such centerline has been placed upon such highway by the Department of Transportation, and is visible. Unsafe passing Yellow Line in NCNCGS 20-150(e) states “The driver of a vehicle shall not overtake and pass another on any portion of the highway which is marked by signs, markers or markings placed by the Department of Transportation stating or clearly indicating that passing should not be attempted. The prohibition in this section shall not apply when the overtaking and passing is done in accordance with all of the following: (1) The slower moving vehicle to be passed is a bicycle or a moped. (2) The slower moving vehicle is proceeding in the same direction as the faster moving vehicle. (3) The driver of the faster moving vehicle either (i) provides a minimum of four feet between the faster moving vehicle and the slower moving vehicle or (ii) completely enters the left lane of the highway. (4) The operator of the slower moving vehicle is not (i) making a left turn or (ii) signaling in accordance with G.S. 20-154 that he or she intends to make a left turn. (5) The driver of the faster moving vehicle complies with all other applicable requirements set forth in this section.” Improper turn accident ticket in NC NCGS 20-153 (a) and (b) states: Right Turns. - Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. Left Turns. - The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of that vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in the direction upon the roadway being entered.” Unsafe movement accident ticket in NC This charge is often applied when one car pulled out in front of another contributing to an accident. NCGS 20-154(a) states “The driver of any vehicle upon a highway or public vehicular area before starting, stopping or turning from a direct line shall first see that such movement can be made in safety, and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required in this section, plainly visible to the driver of such other vehicle, of the intention to make such movement. The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.” Speeding ticket accident in NC NCGS 20-141(j1) states “A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor.” NCGS 20-141(b) is often just an infraction and states “Except as otherwise provided in this Chapter, it shall be unlawful to operate a vehicle in excess of the following speeds: (1) Thirty-five miles per hour inside municipal corporate limits for all vehicles. (2) Fifty-five miles per hour outside municipal corporate limits for all vehicles except for school buses and school activity buses. Sometimes an officer decides to issue a speeding ticket as a result of an accident. How is this done without radar or officer observation? Sometimes a defendant admits to speeding after running into another car or running off the road. Sometimes there are witnesses who can testify as to the estimated speed of a vehicle they observed. Sometimes an officer makes a judgment call based on the length of skid marks on the road. In any event, it is imperative to utilize the expertise of an attorney to help you properly defend against the charge of speeding when the officer did not observe the offense. DWI accident in NC Any accident as a result of a DWI is a very serious matter that should immediately lead to involvement of a criminal defense attorney. An accident can be a regular or grossly aggravating DWI factor that can lead to increased punishment and even jail time in connection with a DWI conviction. NC accident with both drivers at faultIf you have been involved in an accident where both drivers were at fault this can make resolving any ticket arising from such accident difficult to resolve because your insurance is unlikely to pay for damages incurred by the other driver. North Carolina is a contributory negligence state meaning if both drivers were at fault then neither has to pay for damages incurred by the other- in essence they each have to pay for just their own damages. This is basically the “clean hands” doctrine- why should you collect if you were partially to blame for the accident. The dilemma arises in getting the DA to dismiss the case without an insurance letter, which can be difficult to impossible. Best practice is to retain an attorney to assist in resolving the matter by perhaps threatening to take to the matter to trial or seeing if a reduction to a non-moving violation such as improper equipment is possible. License suspended for no insurance after wreck in NC It is unlawful to operate a vehicle without proper insurance in NC. If you are at fault in an accident and cause damage to another vehicle and you do not have liability coverage then your NC license will be suspended if you do not pay for the damages incurred by the other driver. Many people are unable to obtain a license for years due to being in a wreck without insurance. This rule applies whether you knowingly drive without insurance or there was a lapse in insurance that was not your fault. Sometimes the DMV will let you enter a repayment program to begin payment to get your license back early so if you are revoked due to driving without insurance you may have options. Single car accident ticket in NC A single car accident in North Carolina can actually be a difficult case to resolve because the DMV usually wants an insurance letter stating how much the other driver or property owner was compensated. If the accident merely involved running off the road or hitting a tree there is often no damage except to the drivers' car and that is not who the DA is worried about compensating. Hiring a lawyer who can contact the officer or convincing your insurance company to issue a letter stating there are no known claims can sometimes be the only way to make such a ticket go away. If the accident involved hitting a telephone pole or street sign you likely will need to contact the Department of Transportation or local government to make restitution if your insurance company fails to do so on your behalf. Fighting an accident ticket in courtA defendant has the right to fight any ticket in court. Whether this is a good idea depends on the circumstances. The state of course has to prove guilt beyond a reasonable doubt and often the other driver has no desire to come to court. That being said, before fighting any ticket in court it is best to speak with a lawyer to explore all your options before you risk making the DA angry by demanding a trial. North Carolina parking lot accident laws Many common tickets such as speeding tickets and stop sign violations only apply to roadways and hence parking lot accidents usually do not result in any tickets. Be aware a DWI can be given in a parking lot as DWI’s can be issued in any public vehicular area. Can you get a ticket days after an accident? You can get a traffic ticket days or even months after an accident in North Carolina. There is actually a 2 year statute of limitations in NC for most misdemeanor charges. Sometimes a ticket is delayed to allow police time to conduct an investigation or even to locate the driver in a hit and run.
59 Comments
Alaina
7/17/2020 11:33:30 am
I read ended a vehicle, there didn't appear to be any damage to the other vehicle and I was scared so I fled the scene. I got caught and went back to the scene of the accident. The trooper charged me with failure to stop at an accident. I know this is probably a Class I misdemeanor. If I have no prior criminal history could a lawyer possibly get this reduced?
Jason Witt
7/17/2020 07:00:36 pm
Hopefully a good lawyer could help get the charge reduced or dismissed with an insurance letter detailing the other driver was compensated.
Caitlyn Rush
6/24/2021 12:31:23 pm
I rear ended another driver and was given a ticket for failure to reduce speed to avoid collision with another vehicle. I received a voice-mail from the other drivers Insurance company stating my parents insurance had handled and settled the claim and paid off the damages. Is the voicemail from Allstate (her insurance) acceptable for proof of settlement to have my ticket dismissed?
Jason D Witt
6/24/2021 12:46:09 pm
The DA will likely require a physical letter to put in the court file.
Audrey Savage
6/29/2021 08:29:10 am
The insurance sent me a letter for court stating they are working to settle the other drivers claim. What if they never hear from driver. Will it still be enough to handle case or can we try to settle damages with her. What if she has already had the car fixed?
Jason Witt
6/29/2021 09:48:41 am
They usually won't dismiss the case without a written insurance letter.
Audrey Savage
6/29/2021 11:31:18 pm
So in other words if the driver of other car signs a letter saying we settled. The court would not take that. Insurance is dragging their feet on this. I know she never turned it in on her insurance! She has our information !
Jason Witt
6/30/2021 09:49:04 am
She would make a claim against your insurance company- not against her own company. Does she not want her car fixed? If she has not had her car fixed I doubt she would sign a letter saying everything is settled. Ultimately the decision on how to handle the charge and what to require as proof the case is settled is up the local DA.
Makena James
11/20/2021 12:44:58 pm
I accidentally slightly got off the road while finishing a sharp right curve. It was nighttime, narrow country road, and I looked right for a moment finishing the turn. It was very windy and the wind blew right against my car. My car fell onto the shoulder, then the leaves slipped and the wind blew and my car fell off the road into the ditch and turned over. I was given a ticket for failure to maintain lane control. On the ticket, it says I “willfully” did it. Yet it was an accident. I shouldn’t have looked right, but the wind and the leaves didn’t help anything but to get my car completely off the road when I was trying to stay in my lane. It wasn’t completely my fault. There were no other witnesses and no other drivers. No property was damaged except my car, which is totaled. My insurance company is paying for it. What should I do to get the ticket dismissed?
Jason Witt
11/20/2021 01:06:27 pm
Single car accident cases such as this are often hard to dismiss depending on the District Attorney. For most accident cases they simply want an insurance letter showing how much was paid to the other driver. In single car accident cases there is no other driver. My advice would be to hire a local attorney for your best chance at dismissal. If you want to try and resolve things yourself then try and get an insurance letter stating all known claims have been resolved. Whether that letter will be good enough for a dismissal ultimately depends on which DA you speak with, which is why hiring a local attorney who knows all the DA's is usually provides the best probability of a dismissal.
Dana Kimball
11/25/2021 03:22:15 am
I was in a 3 car accident. The car in front of me slammed on its breaks. I slammed on mine to avoid hitting them I came very close but did not hit them until the car behind me hit me hard and pushed me. This was in a work zone on a low speed road. One of the workers is claiming I hit the car in front first which is not the case. You can even tell bc the damage to the front of my car and back of car in the front is very minor. Would this be able to be dismissed?
Jason Witt
11/25/2021 08:07:33 am
1. Did you get a ticket for failure to reduce speed?
Alyssa
12/15/2021 10:12:53 am
I rear-ended another car and my insurance has already sent me a letter stating that they're accepting responsibility and will settle the claims. Can I mail this to the DA or do I need to appear? Have you had success with mailing in ?
Jason Witt
12/15/2021 10:18:27 am
Don't just mail it in assuming that will take care of it. You can certainly call the DA's office and see if mail or email is an option, but it may not be an option at all.
Jason Wilde
1/4/2022 06:40:25 pm
I was driving one morning when it was raining hard and dark and I was trying to get off on my exit and couldn’t see the exit real good and turned too soon and ran off the side of the road and hit a road sign. I was in a little shock but I wasn’t injured so I drove off and never reported it. I drove by the sign after work and saw that the poles holding up the sign were twisted. Not sure what I’m supposed to do. I’m sure I’ll get a hit and run charge if I report it. I do have noticeable front end car damage.
Jason Witt
1/4/2022 07:07:29 pm
Are you not reporting the damage to have your insurance company fix your vehicle?
Jason Wilde
1/4/2022 08:39:30 pm
I did a file an insurance claim. When I said I didn’t report it, I meant to law enforcement.
Jason Witt
1/6/2022 09:16:05 am
If you notify the police at this point chances are high you would be charged.
Mike Hill
2/27/2022 09:27:50 pm
A truck pulled out of a side road into me head on. I slammed on my breaks, but ended up hitting the truck with my front passenger side, causing an extreme amount of damage to my new (7 week old) 2022 Chevy Colorado. It is possibly totaled…still waiting on insurance to assess after 2 weeks. The other driver admitted fault and got a ticket and a late court date because the officer said that if his insurance took care of my damages, the other driver could avoid points on his driver’s license. My question is this…do I have to accept an insurance payout for my 7 week old truck IF it is less than I paid for it? (I saved my money to buy this brand new truck and it was the truck of my dreams!) If deemed totaled (I suspect it will be), I feel I should be able to to get another one just like it for no extra money since this was not my fault.
Jason Witt
2/28/2022 08:53:23 am
If you do not like the settlement proposal offered from the insurance company your remedy would be to hire a lawyer to sue the driver or the company he works for.
Nicole
7/21/2022 06:04:56 pm
If I go to the DA for a Failure to Reduce Speed to avoid an accident, do I have to claim responsibility? Or can he dismiss it without that or is it assumed? Most attorneys want a waiver of appearance to be signed to appear for you in court that deams me responsible.This violation a misdemeanor, will I need it expunged if I go the attorney route or either self represent? Does the admission of Responsibility hurt me if I hire an attorney instead of self respresenting or does both result in the misdemeanor on my record?
Jason Witt
7/21/2022 06:58:09 pm
1. Have you already hired an attorney for this case?
Anna
8/11/2022 09:38:14 am
I ran my friend’s mom’s car into a ditch. I came around a bend in the road, a rodent came running out, it scared me and I swerved the car into a ditch. There was no witnesses or property damage done except to the car. A police officer pulled up moments after I fell into the ditch. He had me write a statement on how the accident happened. I told him I’m in the military and asked if I would be receiving a ticket. He said no since I fell on my side of the road and didn’t impede the traffic. This happened in march this year. A letter comes in the mail at the end of July saying that i failed to show up to court. That my license would be suspended if I didn’t pay this fine. I called the Clerk’s office and was told to either pay for the ticket or hire an attorney to fight it. How do I get this dismissed considering I was never given a ticket in the first place?
Jason Witt
8/20/2022 10:00:54 am
First step is contact the insurance company to provide a letter stating no claims have been made due to the accident. Next is to either attend court yourself or hire a lawyer to strike the FTA that is going to revoke your license before the revocation date. Hopefully with the insurance letter the DA will also agree to dismiss the ticket.
Joe
8/24/2022 04:38:42 pm
My wife was given a citation for a red light violation involving a wreck. If the insurance has settled with the other drivers involved will will the charge be dropped? Just exploring what if she needs to ask for a continuance on her first court date in a few weeks.
Jason Witt
8/24/2022 06:55:34 pm
Policies do vary by county, but hopefully with a good insurance letter stating all damages to the other vehicle have been paid the DA would be willing to dismiss.
Katrina
10/12/2022 10:43:56 pm
My so was involved in collision and received failure to yield citation… DA indicated willingness to dismiss with insurance letter indicating liability to settle claims.. my problem is that because he was DoorDashing at time of accident my primary insurance company denied claim…My son’s car is likely totaled and I’m told other drivers’s insurance deemed their vehicle totaled and driver is waiting for settlement.. filed claim with DoorDash’s insurance company for damages to other person’s car. Is DoorDash on hook to pay Blue Book Value of other person’s vehicle to their insurance company? I wasn’t aware of need to have Business Policy or add on for livery services…My son wasn’t dashing when I added him to policy and it didn’t occur to me to give notification when he started dashing
Jason Witt
10/13/2022 08:39:11 am
You would need to check the terms of your insurance policy and also check the terms of the DoorDash agreement. Assuming neither will pay your son will need to settle up with the other party or risk being sued.
Michelle
3/11/2023 08:28:00 pm
I was stopped at a light and accidently tmrolled into back of another car. My insurance had lapsed so I had no coverage. I got a ticket only for failure to reduce speed to avoid à collision. There was no damage but other driver says there is. I'm going to pay for whatever damage he claims. Can the cops issue me another ticket now after the accident if they find out i had no insurance? And will I still be able tp get the ticket dropped after I pay damages?
Jason Witt
3/11/2023 09:30:31 pm
I guess it is possible the could still issue you a ticket for no insurance, but that is probably unlikely at this point. You do need to get a notarized release from the person you hit to show the DA, but be aware protocols can vary by county.
William Earl Cao
3/25/2023 06:17:43 pm
Hi, I also like many of these comments, have rear-ended a vehicle and was cited an offense of failure to reduce speed, There are damages to the other vehicle minor, and no physicals injury on both ends. I have talked with my Insurance and they said, The individual has gone to their insurance to get their car fixed, and they are waiting on their insurance to call mine to get the amount paid. Is it possible for the charges to be dismissed before my first court date?
Jason Witt
3/25/2023 06:38:37 pm
Whether you can get it dismissed before your court date really depends on how things are run in the county where you have this ticket. Procedure can vary dramatically by county.
Brittany B
5/2/2023 01:07:25 pm
I was making a left turn and had the right of way. My light was green turning yellow as I was already going through the light. I was hit on my passenger side and I was giving the ticket and points on my insurance. My case was dismissed so why do I have points on my insurance and is there anyway of me being able to sue the other driver and my insurance company?
Jason Witt
5/2/2023 01:58:14 pm
You should not have any DMV points from a ticket that was dismissed. Insurance companies no longer need points to raise your rates- just being in a accident that was not your fault can raise your rates now. Y
Brittany
5/17/2023 08:21:13 pm
My insurance company said they gave me points because they had to pay damages for the other vehicle, but the other party has been in contact with me and sent me pictures saying my insurance company hasn’t fixed there vehicle and they haven’t even talked to my insurance company since February. The other party admitted to being at fault at the scene and also recently when we talked she still says it was her fault. She hit me and kept going she said she didn’t know she even hit me another car flagged her down and told her and she ended up coming back. My lawyer told me since my case was dismissed I shouldn’t have received any points but a possibility my insurance would increase. My insurance company also sent a letter to my lawyer stating no damages was paid for the other party. But my insurance company keep telling me that’s why my insurance increased and I received points. Also the other party driver license was bad.
Jason Witt
5/17/2023 08:36:25 pm
Even if someone runs into the back of you causing an accident that is totally their fault the accident still appears on your DMV record as an accident. For many insurance companies that is the only excuse they need to raise your rates.
Nikki T
5/5/2023 12:50:23 am
My son was in a fender bender where the SHP trooper’s report was very poorly written. His collision report narrative show’s favoritism and bias for the benefit of the other driver instead of just sticking to facts.
Jason Witt
5/5/2023 05:18:15 pm
I do not have any answer on this. I have tried to speak with officers before on similar issues with no success.
Nikki T
5/10/2023 09:29:42 pm
Update: The troopers supervisor sent a crash reconstruction 1st Sgt to the accident site. Afterwards he called me to have a healthy debate. Long story short he agreed with me and the officers collision report was amended and the statement I was disputing was removed!
Jason Witt
5/10/2023 09:39:45 pm
Congrats. Getting someone in power to listen and correct a mistake is often difficult to impossible!
Nikki T
5/10/2023 10:35:28 pm
Thank you sir! Thank you for this forum!
Mara N
5/17/2023 07:39:03 pm
I got into an accident last week that falls under G.S. 20-154. I got a citation for operating a motor vehicle on a street or highway by failing to see before turning from a direct line that such movement could be made in safety. The trooper who came to the scene said not to pay the fine and to get an insurance letter and to fix my car before the court date. Then said I need to just go to my court date but I can possibly go earlier. Is that a good idea? Is there anyway not to do that? Is waiving my offense a good idea? Can my license be revoked or suspended?
Jason Witt
5/17/2023 07:51:59 pm
The DA generally wants to see an insurance letter stating the other driver has been fully compensated and all known claims have been settled. You should try and get that letter and hopefully get a dismissal to avoid any additional insurance increase you are likely facing due to the accident itself. For specific legal advice you would need to speak to an attorney in the county this citation was issued as procedures can vary by county.
Margaret M
5/22/2023 02:14:34 am
I was turning in a gas station parking lot and could not see the lady walking that I ran into. The reason I couldn't see her is while I was turning left, she was walking diagonally towards her car that I had just passed, and the A post of my vehicle obscured her from my view, but right at the moment we collided, she was walking like she didn't see me coming and she had her wallet open where she was placing her money back into it. Would this be contributory negligence? I have been to court twice with both DA's saying they will dismiss the "failure to reduce speed" ticket if I produce a letter stating my insurance company would pay for injuries. The lady told me she was fine and through my insurance company I found out she retained a lawyer for whatever reason.
Jason Witt
5/22/2023 08:42:20 am
You really need to speak with a local attorney who knows your local DA. Be advised that asking for a PJC is admitting guilt and could make you liable for her medicals.
Michelle Conn
10/23/2023 10:02:12 am
Hi, I was in a car accident and it was my fault and my insurance agent is in the process of paying all claims. I'm waiting till this is finalized to get a letter from the insurance agent. I already went to court today (no attorney) and requested a continuance (granted). My question is, when she is calling the docket, she says your only options are:
Jason Witt
10/23/2023 01:29:03 pm
Did this accident happen a long time ago? Usually you can get an insurance letter before your first court date. If not then you need to ask for a continuance to allow time for your insurance company to settle all the claims.
I hit someone going through an intersection as I ran a red light due to issues with my shifter (car is manual, was stuck in a gear, looked down to get it shifted and when I looked up, light was red and slammed on breaks). The light did not just turn yellow, it had been red for a minute, so I definitely was not trying to race the light. I have a clean driving (my entire 9+ years of driving - no tickets, no wrecks) I now have a possibility of 3 points on my insurance and that on my driving record. I also am trying to pay to get my car repaired as I do not have collision. Would this be something worth getting any attorney for? I'm struggling financially and I don't want to spend money if it wouldn't be worth the fight. Aside from the shifter issue, which I stated to the cop at the scene.
Jason Witt
11/14/2023 02:51:18 pm
What county is this case from? It would be worth calling some attorneys to see if a reduction to improper equipment is an option and what the fees would be. Likely cheaper to pay an attorney upfront than deal with increased insurance premiums going forward. 12/7/2023 09:52:05 pm
I had to run off the road to avoid a head on collision with a combine, in the middle of the road at dusk, with no lights or reflectors. I hit a mailbox and totaled my car. The owner said she would repair her mailbox, no cost to me, and she did. I received a citation for failing to maintain lane control. I have a clean driving record and was traumatized by this event. I was told I had to talk to the DA on my court date to request a dismissal. I believe I am not guilty. It was a no passing zone, but farm equipment related accidents are complicated. I don't have the money for court or an attorney.
Jason Witt
12/15/2023 03:52:06 am
What county is this charge from? You can certainly speak with the DA on your court date to see if they are willing to dismiss the charge.
Catherine
12/15/2023 08:44:00 am
Cleveland County. I retained an attorney, but my insurance company doesn't want to write a liability letter because the mailbox owner could file a claim later...years later.
Jason Witt
12/15/2023 07:25:55 pm
Your insurance should at least be able to provide a letter stating you have coverage and there are no open claims. Beyond that you will have to rely on your local attorney to advise you on how best to proceed.
Liam P
12/14/2023 11:04:22 am
Another driver failed to
Jason Witt
12/15/2023 03:53:41 am
You can sue the other driver regardless of the outcome of his criminal case. I would not count on the judge ordering restitution in the criminal case. I was in an accident in July 2021. This was a three car accident with me being the third car, but the first two had previously already been in an accident and there was no emergency lane due to construction being done on the interstate and barriers being up so I collided with The accident in The roadway due to everything coming to a screeching halt. I did slam on my brakes, but could not stop short of avoiding the accident. They report that the state trooper filled out states multiple errors, one being the way he numbered the cars. If you read the report as written, it states that they hit me. It does show where the woman in front of me was issued a citation along with me for failure to reduce speed. At the time, I did not know that my insurance was canceled, even though I had just made a payment. The New agent said I needed to come into the office to renew my policy, which I never had to do for all the years I had Allstate up until that time. But a new agent took over the office and everything was messed up and she removed my auto pay and they still had the other agent listed on the building as the agent for that Allstate. When I got a call saying that, unfortunately my policy was not renewed so I didn’t have any insurance for this accident. I called my agent that I had for years with Allstate and she told me that she was actually in the process of suing them for not removing her name from the building and telling everybody that she was on vacation, but she had been gone from the company for a couple months. So I was expecting to receive a bill for the damages to the rear end of the car that I hit, I did not, however, receive a bill. I figured that since North Carolina was the type of state that if you were at fault For the accident that You couldn’t sue for damages that maybe that was why I never received a bill since she was cited as well. We were both sided for failure to reduce speed because the man in front of her just stopped suddenly on the interstate. He was an elderly man from another state and he had no explanation of why he was stopping on the interstate but since he was, I guess that didn’t matter. Well years have gone by and December 2023 I receive a letter in the mail from an attorney debt collector stating I owe over $14,000 an accident I was in. I honestly thought it was a scam since I haven’t heard anything for years, so I ignored it until a couple months ago. I got pulled over because a sheriff ran my tag and it came back to a registered owner with a license suspended. She issued me a citation For driving while license suspended, And when I went to court and asked for a quarter appointed attorney, the DA told me that my driving record is clean and this is such a minor infraction. I don’t need an attorney. Just for me to take care of the matter and get my license back and they will drop the ticket. So I’ve spoken multiple times with the attorney collectors and they told me in the first call that they were authorized to accept and negotiate way less than the amount that they sent me in the letter. Once I called back, they wanted a lump sum of at least $10,000 to negotiate large down payment of at least 5 to 7000 then I could make payments on the rest. I had attorney send me all of the accident reports and the adjuster appraisals from the body shop And when I add up all of the damage to the rear end, it only equals to $1700. But due to her hitting the man in front of her, they totaled out her vehicle. The police report clearly states that the second car hit the first car before I hit them, And shows where her insurance company paid out $4500 to the man in front of her. My issue is the amount that they are trying to pin on me. The state troopers estimate in the police report for each of our damages was $4500. I paid less than that to fix my own car, they paid out 4500 to the man she hit, 10,000 to the credit union she owed and 5000 to her. Can they hold me accountable for her damages to her front end? When I asked if I could dispute the amount, the attorney told me that I couldn’t even negotiate it unless I had an attorney or $10,000. Basically, I would have to pay whatever they said to get my license back without having an attorney to dispute the Amount they’re trying to charge me. Is this correct? If my license has been suspended because of them sending the DMV this debt Does that mean that there is a case that has already gone to court and a lawsuit has been And filed? Can they force you to pay more than The damages that you were responsible for? How would they be able to figure that I am responsible for her total damages? Is there a way that I can dispute this without an attorney? Because as it stands now, I lost my job because I don’t have a license But I need to get this other ticket dropped so that it doesn’t go on my record, but in order to do that I have to basically do whatever the company says is what I’m being told
Jason Witt
9/11/2024 11:26:41 am
Were you sued because of this accident? Have you lived at the same address since the accident or have you moved? Sounds like you need to check with all county courthouses you have lived in since the accident as well as the county where the accident occurred for a judgment search.
Thomas Cardea
9/19/2024 01:27:49 pm
My wife was struck by someone running a red light (which they were cited for by NC SHP). He came from the left in the number two lane. As the number one lane was stopped the intersection appeared clear with her left green arrow. Her vehicle was totaled by adjusters. Insurance is still not covering due to NC being a contributory negligence state. How is this possible even when someone is cited by troopers for "running a steady red light?"
Jason Witt
9/19/2024 02:06:23 pm
Insurance companies are in the business of collecting premiums, not paying claims. Sounds like you may need to sue the other driver if your own insurance company refuses to do so for you. Your comment will be posted after it is approved.
Leave a Reply. |
