The driver of the Honda has been charged with several crimes including driving while impaired and driving without insurance. The fact that she was driving without insurance may have very important impacts on the potential claims for the injured victims. If the Honda driver does not have insurance, the three victims may have claims for uninsured motorist coverage under the terms of various policies of insurance. Click here to read more about claims involving drivers without insurance.

When you lose a family member, the last thing you need is an unnecessary battle with an insurance company over life insurance benefits. Yet, life insurance companies frequently practice the standard procedure of delay and deny your claim.

Why does this happen so often? Well, it’s how the business works. We have represented numerous North Carolinians who have had a life insurance claim, or other insurance claim, denied and it was apparent that the insurance company simply hoped that our client would accept this decision and go away. Frequently, this tactic works for the insurance company so, in a sad way, this is good business.

In other cases, the insurance company will try to take advantage of your desperation and offer you a reduced payment with the hope that you will take the money and go away. Again, this can be a good business model for the insurance company.

If you are having trouble with an insurance claim, including a claim for life insurance benefits, call us today to discuss your claim. In most of our insurance claim cases, we do not charge any fees unless we recover for you. We can be reached at 919-420-7867.

North Carolina laws for vehicles totaled in a crash are not nearly as descriptive as some other states. The applicable law for vehicles totaled in a crash can be found at 11 NCAC 04.0418. This regulation indicates that a vehicle is a total loss when the damaged exceeds 75% of the preaccident actual cash value. The regulation goes on to say that the insurance company shall pay the preaccident value of the vehicle and, in exchange, receive the title to the vehicle.

How much money should you get for your totaled vehicle?

The regulation is not very clear on how an insurance company should determine the preaccident value. According to the North Carolina Commissioner of Insurance Consumer Guide to Automobile Insurance, a total loss claimant is entitled to the actual cash value of the vehicle which represents the local market value of the totaled vehicle. The Consumer Guide indicates there are two methods for determining the local market value: 1) By using the local market price of a comparable vehicle; 2) If no comparable vehicle can be located, dollar estimates from at least two qualified dealers within the local market area.

We are aware that many insurance companies employ third-party companies such as CCC One to determine the preaccident value. We believe that some of CCC One’s methodologies are flawed and result in valuations that are unfairly low for the totaled vehicle.

If you have a question about a total loss vehicle from a North Carolina accident, please give us a call to discuss whether your claim is being handled properly. There is no charge for the call and we only get paid if we recover for you.

Our firm is actively investigating claims for folks who received offers or payments from insurance companies based on valuation reports prepared by CCC One. In some instances, we believe that these valuation reports undervalued the totaled vehicle. Due to this undervaluation, we believe many consumers may not have received a fair payment for the totaled vehicle.

If you have a vehicle that was totaled in a crash and you received an offer or payment from the insurance company based on a CCC One report, please feel free to contact us for a free consultation to discuss whether this offer or payment was fair. There is no charge for the free consultation and we get paid only if we recover for you.

The driver of the vehicle has been charged with multiple crimes including DWI. She also left the scene of the accident.

The Enriquez family are victims in every sense of the word in this case. Hopefully, the driver of the car has insurance. The Enriquez family may need to contact a lawyer to ensure that they are fairly compensated for everything they have lost due to the driver’s apparent gross negligence.

Read more about this accident.

We Are Lawyers Fighting Improper Life Insurance Claim Denials

Many life insurance companies deny a valid life insurance claim by alleging that there was a misrepresentation in the life insurance application. In some cases, the life insurance company will deny a claim alleging that the policy has lapsed. There are many critical factors to evaluate when you are faced with such a denial. The key is to not give up and simply let the insurance company win.

Suing the Life Insurance Company

If the life insurance company has acted improperly in denying a valid claim for life insurance benefits, we will vigorously pursue the life insurance claim on behalf of the beneficiaries. Depending on the facts of the case, the life insurance company may be liable for more than just the value of the policy. In some cases, they may be forced to pay extra damages as well as attorneys fees and the costs of the litigation.

Who Should I Contact

If you have a question about a North Carolina life insurance claim denial, contact Hendren & Malone and ask to speak with attorney Michael Malone. We do not charge for an initial consultation. In most cases, we will not charge any attorneys fees unless we recover for the beneficiaries of the life insurance policy.

The accident happened on East Green Drive when a Ford vehicle collided with an SUV at a high rate of speed. The driver of the Ford was seriously injured as was 21 year old passenger Mercedes Washington. An additional passenger was also taken to the hospital for treatment. The wreck happened near the intersection of Green and Main Street.

Read more on this serious High Point NC accident.

According to reported statistics, 28 boaters died and 80 others were injured in North Carolina boating accidents on North Carolina waterways.

In my opinion, boating in North Carolina is among the most dangerous activities that we can engage in. Among other significant issues, there is no requirement that boats in North Carolina maintain any type of liability insurance. In many boating accident cases, the injured person is left without any way to recover for the cost of medical bills or any other types of injuries.

Read more about boating accidents and insurance in North Carolina.

Contact the NC boating crash lawyers at Hendren & Malone for questions about a boating wreck in North Carolina.

Apparently, a Honda Civic traveling west rear-ended a second car causing the Civic to lose control and skid on the highway. As the Civic skidded, it was struck by a tractor-trailer. The driver of the Civic and a passenger were killed. The driver of the second car and the driver of the tractor-trailer were not hurt. The accident happened near the exit with Wendell Boulevard.

While it was wet at the time of the accident, it is not clear whether the wet conditions contributed to the accident. This type of accident will ordinarily give rise to a wrongful death claim for the passenger of the car. The passenger’s estate would likely have a claim against the estate of the driver and a possible claim for additional benefits against her own auto insurance policy.

The driver of the car has a much more difficult claim particularly if she was determined to be at fault in the wreck. North Carolina has a law called contributory negligence which bars claims for people found to be even partially at fault in causing their injuries.

Read more on this serious accident.

For illustration, consider the following scenario:

Young man is water skiing with friends at local lake. While the young man is floating in water another boat driven by a reckless boater hits the young man. The reckless boater clearly should have seen the young man in the water and the accident was clearly the fault of the reckless boater. The young man in the water has suffered severe injuries and cannot ever return to work. It would seem like the reckless boater should have insurance for this but maybe not.

The first problem is that North Carolina does not require any type of insurance for boats. Scary but true. You can find alot of information on the requirements for boating in North Carolina at the NC Wildlife Resources Commission website, but there is no mention of required insurance. Yes, a boater must have a fire extinguisher on board, but the boater can ride around with no insurance. So let’s assume the reckless boater had no boat insurance which is unfortunately true for most boaters.

What about the reckless boater’s auto or homeowner’s insurance? The reckless driver’s auto insurance will not typically apply because this auto policy insures acts only while driving an automobile. The reckless driver may have personal liability coverage under a homeowner’s policy but the homeowner’s insurance will likely have a watercraft exclusion that applies to the active use of a watercraft. Therefore, we cannot expect any auto or homeowner’s insurance to apply.

What about any insurance that the water skiing victim might have? Under N.C. law, if you have an auto policy you will automatically have covered called Uninsured Motorists coverage. This provides insurance for you if you are hit by another driver that does not have insurance. But, this insurance will not apply if you are hit by a boat that does not have insurance. This insurance applies only to automobiles. Therefore, it is unlikely that the young man who was water skiing will have any insurance to cover his claims.

In short, boating in North Carolina can be very dangerous because there is often little or no insurance available to victims of a boating accident.

If you or a family member have been involved in a North Carolina boat accident and you have questions about a possible claim, contact the lawyers at Hendren & Malone for a free consultation.

North Carolina has laws to protect victims of accidents involving uninsured drivers. The most applicable law can be found at N.C.G.S. 20-279.21. This law requires that every automobile insurance policy provide a type of insurance coverage called “Uninsured Motorist Coverage” at an amount that is at least equal to the amount of liability coverage on the policy (but not more than $1 million).

What does this mean?

This means that if you are in an accident with a driver who has no insurance, then you should quickly review your own auto insurance policy to see how much Uninsured Motorist coverage you have available. You can find the amount of Uninsured Motorist coverage by looking at the declarations page of your policy. The amount of Uninsured Motorist Coverage is sometimes listed as “Combined Uninsured / Underinsured Motorists Coverage” or abbreviated as “UM/UIM.”

Uninsured Motorist insurance law is a complex area of the law and every case may be very different depending on the vehicles involved and the insurance policies involved.

For instance, if you were a passenger in a car that was hit by an uninsured driver, you will likely get the benefit of the Uninsured Motorist coverage for the car in which you were riding in addition to the benefits from your own auto policy.

Another unique circumstance involving Uninsured Motorist coverage is a hit-and-run accident. The standard Uninsured Motorist policy will provide coverage for a hit-and-run accident under certain circumstances. First, there must have been contact with the hit-and-run vehicle. Second, the victim of the hit-and-run must report the accident to a police officer, peace officer, or other judicial officer or to the Commissioner of Insurance within 24 hours or as soon as practicable. The victim must also notify his own insurance company of the accident.

In summary, there are several key points in handling an Uninsured Motorist claim:

1. You should contact the police as soon as possible but certainly within 24 hours of the accident.

2. You should quickly notify your insurance company of the accident.

3. You should notify the insurance company for the car in which you were riding of the accident.

4. You should notify the insurance company for any cars in your household which are owned by family members.

5. You must cooperate with the Uninsured Motorist insurance company including making yourself available for a recorded statement about your claim.

If you have questions about a North Carolina accident involving an uninsured motorist, contact the lawyers at Hendren & Malone for a free consultation.

State Farm is one of the largest auto insurance companies in North Carolina. At least one report indicates that State Farm has over 18% of the car insurance market in N.C. Statistically, you have a good chance of being involved in an accident with someone insured by State Farm.

For accident victims involved with State Farm, the North Carolina Department of Insurance has some important information that may be helpful. Company contact information for State Farm is as follows:
State Farm Fire and Casualty Company
State Farm Mutual Automobile Insurance Company
1500 State Farm Boulevard
Charlottesville, VA 22909
888-237-3999

Clients involved in accidents with State Farm frequently have questions about how much a claim is worth. Our experience with State Farm indicates that they will consider numerous factors in determining the value of a claim including the amount of medical bills incurred by the victim, the type of injury involved, how much damage there was to the vehicles involved, whether the State Farm driver was clearly responsible, any aggravating factors such as whether the State Farm driver was intoxicated.

Insurance companies are not required to pay a specific amount for any particular claim and each claim is typically evaluated on its own merits. This can be particularly frustrating because many people will know of a friend who was in an accident who received a big settlement from an insurance company. It is important to be aware that most insurance companies will not consider this type of information when determining an amount of a settlement offer.

If you have been in an accident and would like to discuss how the insurance company is handling your claim, please contact the lawyers at Hendren & Malone for a free consultation.

Click here for more on this story.

Under these current circumstances, every North Carolinian should review their own insurance policies and make sure that you have sufficient Uninsured and Underinsured Motorists Coverage.

If you have questions about an accident and the amount of insurance available for your claim, please contact the lawyers at Hendren & Malone for a free consultation.

One of the vehicles, a dark colored SUV, fled the scene. Witnesses apparently told police that the dark SUV hit car causing it to strike the third vehicle. (below photo from WTVD).

Police are looking for the driver of the dark SUV.

Click here for more.

We certainly hope the person who caused this terrible wreck is found and that the victims recover. This wreck poses some interesting legal questions for the victims. If the driver of the SUV is not found, can they still recover for their medical bills, pain and suffering, and other damages? The answer is most likely YES but they will need to closely review their own insurance policies to find the answer.

The driver of the pick-up apparently fled on foot after the wreck but was later caught and charged with hit-and-run.

This is a very interesting case froma legal perspective. Certainly, it would seem the pick-up truck driver is responsible to the families for being out of their homes and any losses they may incur.

Dennis Rogers tells the story of a Charlotte attorney who insured a box of expensive cigars, smoked them, then filed a claim for the loss of the cigars by fire.

He won the subsequent court case and was awarded $15,000.

But the insurance company countered by having authorities arrest the attorney on 24 counts of arson. The attorney lost that criminal case and received 24 months in jail and a $24,000 fine.

So goes the world of insurance.

If you have a question about your rights under an insurance policy, call Mike Malone at Hendren & Malone.

If you have a question about a North Carolina class action, call attorney Mike Malone at Hendreen & malone now.