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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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My 17 daughter was in a wreck last night in Rocky Mount, NC.

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My 17 daughter was in a wreck last night in Rocky Mount, NC. She has witnesses that were behind her that saw that she had a green light. The other vehicle traveling the other direction made a left turn across the intersection into her path and they hit. the other driver had a revoked ncdl which was the only citation issued. The witness behind my daughter gave a statement but it was never liisted. The only statement was from a witness that was a friend of the other car and there was also a intoxicated man walking around that said he saw the wreck but actually told the police that both had a red light and also both had a green light. His story changed ..... the only statement that the police listed was the one saying my daughter had wreck. My question is even though there was no citations issued to my daughter, both vehicles were totaled. i am concerned that the other party may try to file against us. both parties were checked out at the ER and are ok. since this is listed on the police report this way - should i get a lawyer?
Welcome! Thank you for your question.

There is no reason to contact a lawyer at the moment. You will have time to contact a lawyer if any claim is made against your daughter or your insurance policy. Your daughter should not make any statements to your insurance carrier or the other insurance company indicating that she was at fault in the accident. I realize that the facts seem to indicate that she was not at fault but she should never admit fault but should contact an attorney immediately if there is any hint of a suit or that they would claim it is her fault.

North Carolina has a “fault” system when it comes to determining how an injured party is made whole following a car accident. The person who was legally at-fault for the accident bears the liability (usually through his or her own car insurance carrier) for damages or injuries caused by the crash.

In North Carolina, a person who has been injured or suffered vehicle damage in an car accident may typically seek compensation in one of three ways:

filing a claim with his or her own car insurance carrier (who will then seek reimbursement from the at-fault driver's insurer)

filing a personal injury lawsuit, or

pursuing an insurance claim directly with the at-fault driver's insurance company.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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