Asheville Car Accident Lawyer

Car Accident Attorney in Asheville, NC

Getting into a car accident can be extremely stressful, especially if you’ve sustained injuries. You shouldn’t also have to worry about filing a claim against the responsible party, handling all the paperwork, and proving your case. You can trust an Asheville car accident lawyer to handle those legal details for you while you focus on recovery.

Trust Butler, Quinn & Hochman, PLLC

The team here at Butler, Quinn & Hochman, PLLC has an in-depth understanding of car accident laws and how insurance adjusters apply them to different situations to determine fault. Our personal injury lawyer can leverage our knowledge to increase your chances of being deemed not at fault, allowing you to recover damages. If you’re able to file a claim, we’ll also help you with that process, including negotiations with the responsible driver’s insurance company.

Why Hire a Car Accident Lawyer?

In 2024, there were 284,546 crashes on North Carolina’s roads. They caused a total of 113,603 injuries and 1,732 deaths. While there is no way to know how many of these accidents occurred in Asheville, the city is known for several dangerous intersections. People often get into crashes at the intersection of Patton Avenue and New Leicester Highway, for example. Charlotte Street also sees a high volume of crashes.

It doesn’t matter where in Asheville you were hit. If you’ve been in an accident that was not your fault, you should hire an Asheville car accident lawyer to help you determine whether you have a claim. If the other driver was assigned 100% of the fault, your lawyer can help you gather evidence and construct a case so that you can get a fair settlement from their insurance company. Your lawyer can also represent you in court if it becomes necessary.

North Carolina’s Fault-Based System

North Carolina is a fault-based state when determining financial responsibility for any losses incurred during car accidents. If you cause a car accident, you can be held liable for any injuries or property damage that occur as a result. On the other hand, if you’re injured in a car accident, you may be able to recover damages from the responsible party.

Unfortunately, North Carolina is also a pure contributory negligence state, which means if you are deemed in any way responsible for the crash, you won’t be able to file a claim against the other driver’s insurance. Even if you were only 1% liable, you’ll still have to go through your own insurance company to pay for repairs and medical care.

Recoverable Damages

Assuming that you are deemed 100% not responsible for the accident, there are several types of damages you can recover. They include:

• Medical treatment
• Repairs for your car
• Lost income
• Mental and physical pain
• Loss of enjoyment
• Disfigurement
• And others

Your lawyer can evaluate the specifics of your case and determine what damages you can claim. A good settlement offer will cover 100% of them, including future costs.

Insurance companies are notorious for offering low settlements that cover only your current expenses. Remember that serious injuries typically require ongoing medical care. Don’t accept a settlement unless you’ve spoken with a lawyer first.

When You Need to Report an Accident

Only certain types of accidents are reportable in North Carolina. If you were injured, your accident certainly fits the bill. According to North Carolina General Statute 20-4.01, reportable accidents are those that involve:

• Death or injury
• Property damage amounting to $1,000 or more in total
• Property damage in any amount caused by an impaired driver

Filing a police report regarding your accident isn’t just a legal requirement. The report can also serve as valuable evidence in your case, alongside witness statements, photographs of the scene, and an accident reconstruction.

FAQs

What Should You Not Say to an Insurance Claims Adjuster?

There are many things you should not say to an insurance claims adjuster. You should avoid admitting fault in any way, including apologizing. You shouldn’t downplay your injuries or discuss pre-existing conditions. Finally, you should never agree to a recorded statement or a quick settlement offer without first discussing it with an Asheville car accident lawyer.

How Long After an Accident Can You Still Make a Claim?

You can still make a claim for up to three years following an accident in North Carolina. You don’t have as much leeway when it comes to insurance claims. You should file those as soon as possible. It’s also relevant to note that if you need to file a wrongful death claim as a result of a car accident, the statute of limitations for that type of claim is only two years.

How Do Insurance Companies Decide Who Is at Fault?

Insurance companies decide who’s at fault by assigning an adjuster to investigate. Insurance adjusters gather evidence, such as police reports, witness statements, and photos, and apply state laws to reconstruct the accident. If both parties contributed to causing it, no one can receive compensation. If one party is deemed responsible, the other one can recover damages.

Will My Insurance Go Up if I’m Not at Fault in North Carolina?

Your insurance could go up if you’re not at fault in North Carolina, but it’s less likely than it would be with an at-fault claim. Whether your insurance goes up depends on who your insurer is, what type of claim you file, your driving history, and whether your insurer pays for any damage under your own collision coverage.

Your Asheville Car Accident Lawyer

If you’ve been in a car wreck due to no fault of your own, an Asheville car accident lawyer may be able to help you recover damages. You can trust the team here at Butler, Quinn & Hochman, PLLC, to help. We’ve been practicing personal injury law for years, and in that time, we’ve handled all kinds of accident cases. We can help you with your car accident claim, too. Contact us to schedule an initial consultation today.

Asheville, NC Car Accident Resources

• What Happens If an Illegal Immigrant Gets In a Car Accident in North Carolina?
• What Happens If an Undocumented Driver Causes a Car Accident in Charlotte?