It only takes one mistake for everything to change.

You could be driving to work, heading out for groceries, or visiting family when another driver's careless decision shatters the routine. In a matter of seconds, you could find yourself facing serious injuries, mounting medical bills, and an uncertain road ahead.

Car accidents happen every day across America, but most of them are not truly "accidents." They are often caused by reckless, distracted, or negligent behavior—choices that could have been avoided.

If you have been injured in a crash, knowing the leading causes of car accidents is more than just helpful information. It could make a difference in how you approach your personal injury claim, deal with the insurance company, and seek compensation for your recovery.

Below, we break down the top 10 causes of car accidents in America, why they happen, and what you should know if someone else's actions put you in harm’s way.

Key Takeaways

• Top causes: Distracted driving, drunk driving, speeding, reckless driving, poor weather, drowsy driving
• Common mistakes: Running red lights, failing to yield, aggressive driving, ignoring road conditions
• Other risks: Vehicle defects, distracted pedestrians, distracted cyclists
• Common injuries: Whiplash, broken bones, spinal cord injuries, traumatic brain injuries
• After a crash: Seek medical care, document the scene, report the accident, protect your rights

1. Distracted Driving

It only takes a few seconds of distraction to change lives forever. Distracted driving remains one of the leading causes of car accidents across America, responsible for thousands of deaths and hundreds of thousands of injuries every year.

In 2023, distracted driving caused 3,275 deaths and injured nearly 325,000 people, according to the latest report from the National Highway Traffic Safety Administration.

Common distractions behind the wheel include:

• Texting or using a smartphone
• Adjusting music, air conditioning, or navigation systems
• Eating or drinking while driving
• Engaging in conversations with passengers
• Watching activity outside the vehicle instead of focusing on the road

Texting while driving is often called the most dangerous form of distraction because it combines three types of distraction at once: visual, manual, and cognitive. At just 55 miles per hour, glancing away for five seconds means traveling the length of an entire football field without looking at the road.

Even momentary distractions can cause devastating car accidents, leading to serious injuries, lost wages, and long recovery periods. Recognizing the dangers of distracted driving is one of the most important steps in protecting yourself and others every time you get behind the wheel.

2. Drunk Driving

Every driver knows the risks, yet drunk driving continues to take thousands of lives every year across the United States. When someone gets behind the wheel after drinking, they gamble not only with their own life but with everyone else’s on the road.

Alcohol impairs judgment, slows reaction time, and weakens coordination. Even small amounts can affect a driver’s ability to focus, stay in their lane, or respond to sudden changes in traffic. In North Carolina, drivers are considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher, under North Carolina General Statutes § 20-138.1.

Drunk driving crashes often result in:

• High-speed collisions
• Severe or fatal injuries
• Major property damage
• Long-term medical needs for survivors

Many drunk driving accidents happen late at night or during weekends and holidays, when intoxicated drivers are more likely to be on the road. Sadly, these crashes often involve innocent victims who had no way to avoid the collision.

3. Speeding

The faster a vehicle is moving, the less time the driver has to notice danger and react. Speeding remains one of the leading causes of serious car accidents in America, contributing to nearly one-third of all fatal crashes each year.

Speeding is not limited to exceeding posted speed limits. It also includes driving too fast for conditions such as wet roads, heavy traffic, sharp curves, or construction zones. When speed increases, so does the distance required to stop safely and the force of any resulting collision.

Drivers who speed often misjudge the amount of space needed to avoid obstacles or underestimate how quickly traffic patterns can change ahead. Speeding can also reduce the effectiveness of safety measures such as airbags and seatbelts, increasing the severity of accidents when they happen.

Ignoring speed limits or failing to slow down for hazardous conditions creates dangers not only for the driver but for every person sharing the road. What might have been a minor fender-bender at lower speeds can easily turn into a devastating collision when speed is involved.

4. Drowsy Driving

Driving while tired is more dangerous than many people realize. Fatigue affects reaction time, clouds judgment, and slows coordination, creating serious risks for everyone on the road. Studies show that being awake for more than eighteen hours can impair driving ability as much as having a blood alcohol concentration above the legal limit.

Drowsy driving is especially common among truck drivers pushing through long hauls, shift workers commuting after overnight or early-morning jobs, and travelers covering long distances without proper rest. When fatigue sets in, the ability to react quickly, judge distances accurately, or stay focused behind the wheel drops sharply.

Accidents caused by drowsy driving often involve vehicles drifting across lanes, rear-end collisions, or single-vehicle crashes where no effort was made to brake or swerve. These patterns often suggest that the driver either fell asleep or was too fatigued to respond to developing hazards.

Unlike alcohol or drug impairment, fatigue leaves no immediate physical signs that police can observe at the scene. As a result, identifying drowsy driving after a crash can be challenging and may require careful investigation of the circumstances, including travel history, work schedules, and witness statements.

Tired drivers put everyone at risk, and many accidents caused by fatigue could have been avoided simply by recognizing the danger and choosing to pull over and rest.

5. Reckless Driving

Reckless driving goes beyond simple mistakes or momentary lapses in attention. It involves a conscious decision to ignore the safety of others on the road. Tailgating, weaving aggressively between lanes, excessive speeding, racing other vehicles, and making unsafe lane changes are all forms of reckless behavior.

Unlike distracted driving or drowsy driving, reckless drivers are often fully aware that their actions are dangerous. They choose to take unnecessary risks anyway, putting everyone around them in immediate danger.

In North Carolina, reckless driving is prohibited under North Carolina General Statutes § 20-140. Drivers found guilty of reckless behavior can face serious consequences under the law, and their actions often form the basis for personal injury claims when accidents occur.

Preventing reckless driving requires a commitment to patience, caution, and respect for others. Without that commitment, crashes caused by reckless behavior will continue to endanger lives every day.

6. Failing to Yield the Right of Way

Failing to yield the right of way is one of the most common causes of intersection accidents. Unlike reckless driving, these accidents are often caused by poor judgment, distraction, or misunderstanding traffic rules rather than aggressive behavior.

Common scenarios include drivers turning left across oncoming traffic without waiting for a clear gap, merging onto highways without properly yielding, or entering intersections without noticing who has the legal right to proceed. Pedestrians are also at significant risk when drivers fail to yield at crosswalks.

When a driver does not respect the right of way, it often results in side-impact collisions, which can cause serious injuries even at lower speeds. Failing to yield is a form of negligence that can lead to both physical harm and complex insurance claims.

7. Running Red Lights and Stop Signs

Traffic signals and stop signs are designed to create order at intersections, where multiple paths cross and the risk of collisions is high. When drivers ignore these basic rules whether by impatience, distraction, or recklessness, they put everyone around them in immediate danger.

Running a red light or blowing through a stop sign often leads to high-impact crashes because drivers entering the intersection expect others to follow the rules. These violations are a leading cause of:

• T-bone collisions at intersections
• Chain-reaction crashes involving multiple vehicles
• Near misses that force other drivers into sudden evasive maneuvers

Intersections demand extra caution. When one driver breaks the flow of predictable traffic by ignoring a red light or stop sign, the chance of a collision increases sharply.

Common reasons drivers run lights or signs include:

• Trying to "beat the yellow" and misjudging timing
• Driving aggressively and refusing to yield
• Distraction by phones, passengers, or GPS systems
• Impatience during heavy traffic or rush hours

Choosing to ignore a traffic control device is not a harmless shortcut—it is a violation of traffic law and a serious threat to public safety. Even a brief lapse at an intersection can have permanent consequences for everyone involved.

8. Poor Weather Conditions

Weather plays a significant role in car accidents across the country. Rain, fog, ice, and snow can turn an ordinary drive into a dangerous situation by making roads slippery and reducing visibility. Even the most careful driver can face challenges when weather conditions change quickly.

Hydroplaning on wet roads often causes vehicles to lose contact with the pavement, leading to sudden loss of control. Black ice, especially on highways and bridges, can catch drivers by surprise and cause spinouts or collisions. Slick pavement reduces stopping distances, making it harder to avoid rear-end accidents. Heavy fog or rain can limit visibility so severely that drivers cannot react in time to hazards ahead.

Drivers have a responsibility to adjust their speed, increase their following distance, and exercise greater caution during poor weather conditions. Failing to drive appropriately for the weather does not excuse accidents. In fact, ignoring these dangers often leads to avoidable crashes—and drivers who fail to take reasonable precautions can still be held responsible for the injuries and damage they cause.

9. Vehicle Defects or Mechanical Failures

While driver error causes most car accidents, mechanical failures and vehicle defects play a role in a significant number of crashes every year. When critical parts malfunction, even the most careful driver may have little or no ability to prevent a collision.

Common mechanical failures and defects that contribute to car accidents include:

• Brake system failures that prevent timely stopping
• Tire blowouts that cause sudden loss of control
• Steering system malfunctions that make it impossible to maintain direction
• Defective airbags or seatbelts that fail to protect occupants during a crash

Mechanical issues can stem from poor manufacturing, defective parts, or lack of proper maintenance. Sometimes defects are hidden until a failure occurs on the road, creating dangers for both the driver and everyone nearby.

Even routine driving maneuvers become dangerous when critical systems fail without warning. That is why regular maintenance, vehicle recalls, and quality manufacturing standards play such important roles in roadway safety.

When vehicles are unsafe before they even leave the factory, or when they are not properly maintained, serious accidents can and do happen.

10. Distracted Pedestrians and Cyclists

While drivers are often blamed for accidents, distracted pedestrians and cyclists can also contribute to dangerous situations on the road. When individuals on foot or on bicycles are not paying attention, they create hazards that drivers may not be able to avoid in time.

Distractions for pedestrians and cyclists include:

• Walking while looking down at a smartphone
• Wearing headphones that block out traffic sounds
• Crossing streets without checking for oncoming vehicles
• Cycling unpredictably into traffic or ignoring signals

Pedestrians stepping into intersections against traffic signals or cyclists weaving between lanes without warning can cause confusion and force drivers to make split-second decisions. Even though drivers have a duty to remain alert and cautious, accidents sometimes occur because a pedestrian or cyclist acted unpredictably.

It is important to remember that fault in these cases can be complex. A distracted pedestrian or cyclist may contribute to the cause of a crash, but drivers are still expected to exercise reasonable care to avoid collisions when possible.

Accidents involving pedestrians and cyclists highlight how important shared responsibility is to roadway safety.

Other Factors That Can Contribute to Car Accidents

While the top 10 causes account for many serious crashes, other factors also play a significant role in roadway accidents across America. Some additional risks include:

• Driving under the influence of drugs, whether prescription medications or illegal substances, which can impair judgment, reaction time, and motor skills
• Inexperienced drivers, particularly teenagers, who may misjudge distances, speeds, or how to respond to sudden changes in traffic
• Road construction zones, where sudden lane shifts, narrowed roadways, and unfamiliar signage can confuse drivers and lead to collisions
• Poor roadway design or maintenance, such as potholes, missing signs, or dangerously sharp curves that contribute to loss of control
• Aggressive driving behaviors during heavy traffic, including tailgating, rapid lane changes, and sudden braking

These factors may not always grab headlines, but they contribute to thousands of accidents each year. Safe driving requires not only following the rules but also adapting to the unexpected conditions and behaviors that can make roads even more dangerous.

Common Injuries After Car Accidents

Car accidents often cause more damage than what is immediately visible. Even low-speed collisions can leave victims with serious injuries that take time to appear. More severe crashes, such as those caused by speeding, reckless driving, or running red lights, tend to result in life-altering harm that requires long-term medical care.

Some of the most common injuries from car accidents include:

• Whiplash and soft tissue injuries that can limit movement and cause chronic pain
• Fractured or broken bones that may require surgery and months of rehabilitation
• Head trauma and traumatic brain injuries that can affect memory, balance, and concentration
• Spinal cord injuries that may result in partial or full paralysis
• Internal bleeding that is not always immediately detected after a crash
• Severe bruising and lacerations that can lead to complications or scarring

Emergency medical services are critical after a collision, even if you feel relatively stable at the scene. Some injuries worsen over hours or days if left untreated, and early diagnosis can make a significant difference in recovery.

Prompt medical care not only protects your health but also provides important documentation if you later need to prove the severity of your injuries.

What to Do After a Car Accident

Many accidents happen because someone else makes a reckless or careless choice—speeding, running a red light, driving distracted, or taking other risks you cannot control. If you are ever involved in a crash caused by one of these common mistakes, knowing what to do next can help protect your health, your finances, and your legal options.

In the moments after an accident, it is normal to feel overwhelmed or unsure where to start. Taking a few key steps can make a major difference later on:

• Call 911 immediately and request emergency medical services if anyone is hurt
• Move your vehicle to a safe location, if it is safe to do so
• Exchange contact and insurance information with the other driver
• Take photos of the accident scene, vehicle damage, and anything that shows road conditions or hazards
• Seek medical attention as soon as possible, even if you feel fine at first

Some injuries take hours or even days to become noticeable, and having medical records from right after the crash can be important if symptoms develop later. It is also wise to be cautious when speaking to insurance companies.

After a crash, insurance adjusters may try to downplay your injuries or pressure you into a quick settlement. Waiting to review your options before signing anything can protect you in the long run. Accidents caused by distracted driving, drunk driving, speeding, and the other dangers we discussed are preventable. But once they happen, protecting yourself becomes the priority.

Recovering Compensation After a Car Accident

Not every car accident leads to a legal claim. In some cases, insurance covers minor property damage and medical care without the need for further action.

However, when accidents cause serious injuries, lasting disabilities, or major financial losses, pursuing compensation may become an important part of moving forward. Depending on the circumstances of the crash, you may be able to recover compensation for:

• Medical expenses and future medical care needs
• Lost wages and reduced earning capacity
• Property damage to your vehicle or other belongings
• Pain and suffering caused by physical injuries
• Emotional distress and the psychological impact of the crash
• Out-of-pocket expenses related to medical treatment, transportation, or daily living adjustments

If a loved one suffered fatal injuries in a car accident, surviving family members may also have the option to file a wrongful death claim to seek compensation for funeral costs, loss of companionship, and other related damages.

Whether the accident involved distracted driving, speeding, reckless behavior, or another preventable cause, financial recovery can play a major role in rebuilding stability after a serious crash.

Legal Support for Car Accident Victims in North Carolina

After a serious crash, it can be hard to know what steps to take next, especially when the insurance company is already working against you.If you're dealing with injuries, mounting medical bills, or pressure from the insurance company after a car accident, you can take steps to protect yourself and your future.

At Speaks Law Firm, our Charlotte car accident attorneys work with injury victims across North Carolina to pursue the compensation they need to rebuild their lives. Whether you're facing medical care costs, lost wages, or the challenges of long-term recovery, our team is ready to listen, explain your options, and advocate for your best interests every step of the way.

You found this blog while searching for answers, using terms like “Charlotte, NC injury law firm” or “car accident law firm near me.” Now it is time to take the next step. Call Speaks Law Firm today at (888) 222-1111 to schedule your free case review, or fill out our confidential online form.

We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. When you need someone to speak for you, we are ready to stand by your side.

While waiting for your case review, check out our podcast, “The Verdict” with catastrophic injury lawyer Clarke Speaks, for insights on legal rights after an accident.

Who speaks for you? We do!

If you’ve been in a car accident in Charlotte or anywhere else in North Carolina, you may be dealing with more than just damage to your vehicle. From medical bills and lost wages to ongoing treatment for whiplash or more serious injuries like spinal cord or traumatic brain injuries, the impact of a crash can follow you long after the scene is cleared.

Whether you or the other driver are insured by National General, understanding how to file a claim with the company is an important step in protecting your financial recovery. This blog explains how the National General claim process works, what to expect along the way, and how a Charlotte car accident lawyer can support your efforts to recover fair compensation. That process doesn’t start with paperwork—it starts at the scene of the accident.

The moments right after the crash can have a major impact—even before you file a claim. What you do at the scene can make a big difference in how your claim plays out—especially with North Carolina’s strict fault laws.

What to Do at the Scene of a Car Accident in North Carolina

What happens in the moments after a car crash can have a lasting impact on your ability to recover compensation. Whether you're pursuing a personal injury claim, seeking coverage through your own car insurance, or preparing for a possible car accident lawsuit, how you handle the accident scene matters.

Under North Carolina law, you're required to report a crash to law enforcement if it results in death, injury, or property damage of $1,000 or more. That covers most car accident cases, even those that seem minor at first.

If you're physically able, here’s what you should do:

• Call 911 to report the accident and request emergency medical assistance if anyone is hurt. This creates a record that can be used in your car accident claim.
• Exchange insurance and contact information with all drivers involved, including policy numbers and license plate details.
• Document the accident scene with clear photos of vehicle damage, traffic signs, skid marks, and any visible injuries.
• Speak with witnesses and gather their names and phone numbers. Their statements may support your claim later.
• Cooperate with law enforcement, but avoid making statements that could be interpreted as admitting fault.

Police will typically file an official crash report, which becomes an important piece of evidence in both personal injury lawsuits and insurance negotiations. If you plan to file a National General claim—whether you're their policyholder or the other driver is—this report will likely be one of the first documents the insurance company reviews.

Once the initial steps are taken, the next priority is getting your claim started with the insurance company—whether it’s your own or the at-fault driver’s.

Filing a Claim With National General

Whether you're insured by National General or the at-fault driver is, starting the claims process promptly is key. Delays can complicate your case and raise concerns with insurance adjusters—especially if important documentation is missing or incomplete.

National General provides multiple ways to file a claim:

• Online: National General Claims Center
• Phone: 1-800-468-3466 (available 24/7)
• Mobile App: Available for iOS and Android

If You’re a National General Policyholder

If you were injured in a car accident and carry a National General auto insurance policy, you’ll be filing a first-party claim. This allows you to seek coverage under your own policy for a range of accident-related losses. Be sure to have the following information ready when you report the claim:

• Your National General policy number
• Information about the property involved (vehicle details, VIN, etc.)
• The date, time, and location of the crash
• Details about how the accident occurred and the losses you’ve sustained

Depending on your policy, coverage may include:

• Medical payments coverage (MedPay) – Covers medical expenses regardless of fault
• Uninsured/Underinsured Motorist (UM/UIM) coverage – Applies if the at-fault driver has no insurance or too little
• Collision coverage – Covers damage to your vehicle, often subject to a deductible
• Rental car reimbursement – May cover transportation costs while your vehicle is being repaired, if included in your policy

These coverages can be especially important in personal injury cases involving serious injuries, car accident victims with significant medical expenses, or property damage that leaves your vehicle undrivable. Reviewing your declarations page can help you understand what applies to your situation.

If the At-Fault Driver Has National General

If you're filing a claim against a driver insured by National General, you’ll be submitting a third-party claim. In this scenario, you’re seeking compensation from their liability insurance coverage for your damages—including medical bills, lost wages, and vehicle repairs.

The process typically follows five key steps on National General’s claims portal:

1. Other Party Information – Your contact information and relation to the policyholder
2. Policyholder Contact Information – Details about the at-fault driver
3. Loss Information – Description of the accident and resulting damages
4. Property Damage Information – Vehicle damage or other property loss
5. Review and Submit – Final review of the claim before submission

A claims adjuster from National General will be assigned to investigate the accident. They may contact you to request more information, including accident photos or medical documentation, and to assess who was at fault. This is especially important in North Carolina car accident claims, where the state’s strict contributory negligence rule may impact whether you can recover compensation at all.

Key Information to Have Ready

Whether you're filing a first-party or third-party claim, it's helpful to gather this information in advance:

• Accident report number (from responding law enforcement)
• Date, time, and location of the crash
• Contact information for the National General policyholder
• A summary of your injuries or vehicle damage
• Photos of the accident scene, vehicles, and any visible injuries
• Initial medical records or hospital discharge paperwork, if available

What to Expect From National General Insurance Adjusters

After your claim is submitted—whether you're a policyholder or filing against a negligent driver covered by National General—a claims adjuster will be assigned to your case. This person represents the insurance company, not you, and their role is to investigate the details of the accident, assess liability, and evaluate how much the insurer may be responsible for paying.

Even if the adjuster is friendly or seems sympathetic, remember that their job is to minimize payouts and protect the company’s bottom line. This is a common point of frustration for car accident victims trying to recover fair compensation.

Common Steps in the Adjuster’s Process

Once your claim is opened, you can typically expect the following:

• A phone call requesting a recorded statement. The adjuster may ask you to describe what happened and talk about your injuries. What you say can be used to dispute liability or downplay the severity of your injuries.
• Requests for documentation. This may include your medical records, repair estimates, photos, and even your employment information to verify lost wages.
• A review of liability. In third-party claims, the adjuster will assess whether their policyholder was responsible for the car crash—and whether any fault could be assigned to you. This is particularly important in North Carolina, where even a small percentage of fault on your part could block your personal injury claim entirely.

Be Cautious About Early Contact

Insurance adjusters may reach out quickly, often before you’ve completed treatment. These early offers are usually aimed at limiting the insurer’s exposure—not addressing your full losses.

You’re not required to accept the first offer, and you don’t have to provide a recorded statement without considering your options. In fact, many people choose to let a car accident attorney handle communications at this stage—especially in personal injury cases involving significant medical expenses or disputes over fault.

Keep Track of Medical Treatment and Expenses

Strong medical documentation is one of the most important parts of any personal injury claim. Whether you're filing with National General as your own insurer or seeking compensation from a negligent driver, the insurance adjuster will examine your records closely to evaluate the seriousness of your injuries and the necessity of your care. Gaps in treatment, vague documentation, or missing records can raise doubts and may lead to reduced compensation or even a denied claim.

What to Track

Be consistent with your care and document all treatment, including:

• Emergency room visits and follow-ups
• Physical therapy and diagnostic imaging
• Prescription medications and specialist referrals

Also keep records of:

• Out-of-pocket costs (co-pays, parking, medical supplies)
• Mileage to appointments
• Time missed from work and lost wages

Insurance companies like National General often ask for supporting documents such as pay stubs, medical notes, or tax records to confirm both economic and non-economic damages.

The Personal Impact Matters Too

Some effects of an injury don’t appear in medical charts. Ongoing pain, difficulty sleeping, reduced mobility, and emotional distress—like anxiety or PTSD—can have a major impact on your life. Keeping a simple journal of your symptoms and daily challenges can help support a claim for pain and suffering in car accident lawsuits.

If the insurance process doesn’t result in a fair outcome, you may need to take things a step further.

When a Personal Injury Lawsuit May Be Necessary

Not all car accident claims settle quickly—or fairly. If National General denies your claim or offers a settlement that doesn't come close to covering your medical expenses, lost wages, or pain and suffering, filing a personal injury lawsuit may be the next logical step.

In North Carolina, most personal injury cases—including those stemming from car crashes—must be filed within three years from the date of the accident. This time limit is set by G.S. § 1-52. Missing this deadline could mean losing your right to pursue financial compensation altogether.

A lawsuit may be worth considering if:

• The insurance company disputes liability
• You sustained serious injuries and the offer doesn't reflect the full impact
• The adjuster refuses to acknowledge the need for ongoing medical treatment
• You've incurred substantial lost wages or long-term disability
• There's a disagreement over what qualifies as fair compensation for pain and suffering

What You Can Seek in a Personal Injury Lawsuit

Filing a lawsuit opens the door to pursue a broader range of damages, including:

• Medical bills, including future care and rehabilitation
• Lost wages, as well as reduced earning capacity if you're unable to return to work
• Pain and suffering, for both physical and emotional harm
• Property damage, including repair or replacement of your vehicle
• Permanent disability or visible disfigurement resulting from the accident

These claims are common in serious auto accidents, especially those involving traumatic brain injuries, spinal cord injuries, or lasting complications from internal injuries.

If the Accident Resulted in a Fatality

If you lost a loved one due to the crash, you may have grounds to file a wrongful death claim. North Carolina law allows certain surviving family members to seek compensation under G.S. § 28A-18-2.

A wrongful death lawsuit may include:

• Funeral and burial expenses
• Loss of the decedent’s income and benefits
• Loss of companionship and protection
• Medical expenses incurred before death

These claims are subject to a two-year statute of limitations, rather than the standard three years for most personal injury cases.

If you're unsure whether a lawsuit makes sense in your situation, speaking with a Charlotte personal injury attorney can help clarify your options—especially when dealing with insurance companies like National General that may be focused more on limiting payouts than fully addressing your losses.

Be Aware of How North Carolina’s Fault Laws Can Affect Your Claim

North Carolina follows one of the strictest fault standards in the country: contributory negligence. Under this rule, if you’re found even 1% at fault for the accident, you may be barred from recovering compensation altogether. That includes claims for medical expenses, lost wages, property damage, or pain and suffering.

This legal standard often surprises car accident victims who assume partial blame won’t prevent them from filing a personal injury claim. But in North Carolina, the stakes are high—especially in car accident cases involving conflicting stories or unclear evidence.

Why Every Statement Matters

When speaking with insurance adjusters, it's easy to make casual remarks that could be misinterpreted. Even statements like:

• “I didn’t see them coming.”
• “I was only going a little over the speed limit.”
• “Maybe I could’ve stopped sooner.”

can be twisted into admissions of fault and used to deny your claim. That’s why it’s often a good idea to consult a car accident attorney before making any official statement, especially in personal injury cases involving serious injuries or complex crashes.

When Fault Is Unclear or Shared

Some motor vehicle accidents involve multiple drivers or unclear liability—such as lane-change collisions, chain-reaction crashes, or accidents with commercial vehicles. In these cases, the burden typically falls on the injured party to prove the other driver’s full responsibility.

To support your case, your Charlotte personal injury lawyer may:

• Review the police accident report
• Analyze vehicle damage and scene photos
• Obtain video footage from nearby traffic or security cameras
• Hire accident reconstruction experts
• Interview witnesses and collect sworn statements

A strong investigation can make the difference between having your claim denied and recovering financial compensation for the full extent of your losses.

Don’t Accept a Settlement Without Fully Evaluating Your Losses

Insurance companies—including National General—sometimes offer a quick settlement shortly after a crash. While it may be tempting to accept fast compensation, these early offers often come before your medical condition is fully diagnosed or understood. Accepting a low settlement too soon could leave you responsible for future treatment, ongoing medical expenses, or losses you haven’t even calculated yet.

A Charlotte car accident attorney can help you review any offer with a critical eye—especially in personal injury cases involving serious injuries, time away from work, or long-term complications.

What to Review Before Saying “Yes”

Before accepting any settlement, it's important to ask:

• Does the amount cover all current medical bills and anticipated future treatment?
• Have you accounted for lost wages, reduced earning potential, or missed business opportunities?
• Are you still undergoing physical therapy or waiting on specialist evaluations?
• Has the insurer included compensation for property damage, including vehicle repairs or replacement?
• Does the offer reflect the personal impact of the accident—pain, mobility limitations, or emotional distress?

An attorney can help you calculate not just your out-of-pocket expenses, but the broader cost of your injuries—especially if you’ve suffered from conditions like spinal cord injuries, traumatic brain injuries, or lingering pain that affects your daily life.

What If the At-Fault Driver Is Uninsured or Underinsured?

Even when another driver is clearly responsible for a car crash, you may run into a common problem—their car insurance policy doesn’t cover all your losses. In some cases, the at-fault driver may have no insurance at all. In others, their liability limits may fall short of your medical expenses, lost wages, and other damages.

That’s where your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may come into play.

What North Carolina Law Requires

North Carolina law mandates that all drivers carry UM/UIM coverage as part of their standard liability policy. This requirement is outlined in G.S. § 20-279.21. These coverages are designed to protect injury victims when the other party can’t pay.

When You Might Use UM/UIM Coverage

You may need to file a claim under your own policy if:

• The at-fault driver has no insurance at all
• The driver’s policy limits are too low to fully cover your damages
• You’re involved in a hit-and-run accident and cannot identify the driver

Your UM/UIM coverage may help pay for:

• Medical treatment and future care needs
• Lost income or reduced earning capacity
• Pain and suffering
• Vehicle repairs and other property damage

Because these are still insurance claims—even though they go through your own provider—they often involve the same level of scrutiny and documentation as any personal injury claim. You'll need to provide medical records, repair estimates, and proof of the other driver’s lack of coverage or insufficient limits.

If you're unsure whether this coverage applies to your situation, it’s worth reviewing your policy or contacting your car insurance provider. Some car accident victims don’t realize they have access to this additional layer of protection until after a claim has been denied or underpaid by the other driver’s insurer.

Dealing With a National General Claim After a Car Accident? Get the Help You Need

Whether you're dealing with painful injuries, mounting medical bills, or a totaled vehicle, the aftermath of a car accident in North Carolina can leave you feeling uncertain about what comes next. And if National General is involved—either as your insurer or the other driver’s—you may already be facing frustrating delays or confusing settlement offers.

At Speaks Law Firm, we know how difficult this process can be. Our Charlotte auto injury lawyers work with injury victims every day to pursue fair compensation for medical expenses, lost wages, and long-term recovery needs. If you're unsure how to deal with the insurance company or whether your claim is being undervalued, we’re ready to step in.

You found this blog by searching terms like "car accident lawyers near me” or “Charlotte car accident attorney." Now it’s time to take action. Call Speaks Law Firm at (888) 222-1111 to schedule your free consultation, or fill out our quick and confidential online form. The sooner you reach out, the sooner we can review your options and help you move forward with confidence.

While waiting for your case review, check out our podcast, “The Verdict” with catastrophic injury lawyer Clarke Speaks, for insights on legal rights after an accident.

Who speaks for you? We do!

If you’ve been in a car accident in Charlotte, North Carolina, you might feel overwhelmed by everything that follows—insurance claims, police reports, medical bills, and vehicle repairs. There’s a lot to manage, but don’t let the process intimidate you. When you’re insured by Farm Bureau, or if the at-fault driver’s insurance is through Farm Bureau, filing a Farm Bureau auto claim doesn’t have to be confusing.

By breaking down the steps and knowing what to expect, you’ll save time, reduce stress, and protect your rights. This blog walks you through each part of the process, from the moment the accident happens to dealing with any complications that might arise—such as a denied claim or a low settlement offer. Here’s what you need to know to move forward with greater peace of mind.

North Carolina’s At-Fault Insurance System

Before you even begin the claims process, it’s important to understand how auto insurance works in North Carolina. The state follows an at-fault insurance system. This means if another driver hits you, that person and their insurance provider are responsible for the damages, including vehicle repairs, medical bills, and other losses. On the other hand, if you were the one who caused the accident, your insurance will likely have to cover the other driver’s damages.

Knowing this system upfront helps you identify which insurance company you’ll be dealing with. If you’re at fault, you’ll contact your own insurance carrier (Farm Bureau, in this scenario). If the other driver is at fault, you’ll file what’s known as a third-party claim with their insurance company.

Important North Carolina Laws to Keep in Mind

Contributory Negligence Rules

North Carolina is one of the few states that follows a contributory negligence rule. Under this rule, you can be barred from recovering any compensation if you’re found even 1% at fault for the accident. This can be harsh because it doesn’t allow you to share fault. It’s all or nothing: if the insurance adjuster (or a court) decides you hold any responsibility, you might receive zero compensation.

That’s why gathering solid evidence is critical—photos, witness statements, and police reports can help show you’re not at fault. The more evidence you have pointing to the other driver’s liability, the stronger your claim becomes. This isn’t just about proving your side; it’s about defending against any attempt by the insurance company to shift partial blame onto you.

Statute of Limitations

You generally have three years from the date of the accident to file a personal injury or property damage lawsuit. If you miss this deadline, you could lose the right to seek compensation through the courts.

Being aware of these laws keeps you informed and protects you from missing critical deadlines. While the statute of limitations determines how long you have to take legal action, each step you take immediately after the accident—starting with calling 911—can significantly impact the strength of your claim.

Step 1: Prioritize Safety and Call 911

Immediately after a car accident, your first priority is safety. Check yourself and your passengers for injuries. If anyone is hurt, call 911 for medical assistance right away. Move to a safe area if possible, such as the side of the road, to avoid further accidents.

Once you’ve ensured everyone is safe, notify law enforcement. In North Carolina, you’re legally required to report an accident if there are injuries, fatalities, or property damage exceeding $1,000. Having an official police report is critical for your insurance claim and any legal proceedings.

Step 2: Gather Key Information at the Scene

The time right after an accident can be chaotic. However, if you’re able to do so safely, take a few moments to collect vital information and evidence. This is not just for your own records; it’s also what Farm Bureau and any other involved insurance companies will want to see to verify your claim.

Here’s what you should gather:

• Contact Details of Other Drivers: Get full names, phone numbers, and addresses.
• Vehicle Descriptions: Note the make, model, year, and license plate numbers of all vehicles.
• Insurance Information: Request the other driver’s insurance company name and policy number.
• Witness Statements: If there are bystanders who saw what happened, ask for their contact info. Even a brief written or recorded statement can help clarify the cause of the accident.
• Photos: Take pictures of the damage to both vehicles, the accident location, skid marks, traffic signs, and anything else that might have contributed to the crash. Visual evidence often speaks louder than words when you’re negotiating a claim.

Keep all this information organized, either in a folder or digitally. You’ll be referring to it frequently as your claim moves forward.

Step 3: Start the Farm Bureau Claim Process

Once you’ve ensured everyone’s safety and gathered evidence at the scene, it’s time to initiate your claim with Farm Bureau. Filing a claim starts the process of assigning a claims adjuster, who will evaluate the accident, determine fault, and estimate costs for repairs or medical bills.

Here’s How You Can File a Claim with Farm Bureau:

• Online Claims Portal: Log in to your Farm Bureau account on their website.
• Farm Bureau Mobile App: Use the Mobile App to file your claim, submit supporting evidence, and track the progress.
• Phone: Call the claims line on your insurance card to report the accident and provide initial details.

When filing your claim, be ready to provide the following:

• Your policy number
• The date, time, and location of the accident
• A description of the damage or injuries
• Contact information for the other parties and witnesses
• Any supporting evidence, such as photos or the police report

Promptly filing your claim ensures faster processing and helps avoid unnecessary delays. Once your claim is submitted, Farm Bureau will assign an adjuster to your case. This adjuster will be your main point of contact throughout the process, so keep their contact information handy and respond to any requests for additional documentation as quickly as possible.

Step 4: Cooperate with the Investigation

A successful claim relies on full cooperation. The Farm Bureau claims adjuster will look into the police report, speak to witnesses if needed, inspect your vehicle, and review any evidence you or the other driver have provided. If you withhold information, it could raise red flags and potentially jeopardize your claim.

Here’s what to expect during the investigation phase:

• Police Report Analysis: The adjuster will review any citations, statements, or diagrams that indicate who might be at fault.
• Interviews: They may call you, the other driver, or witnesses for follow-up questions.
• Vehicle Inspection: In some cases, Farm Bureau will send an independent appraiser to evaluate the damage to your car.

If something in the report is unclear or seems incorrect, let your adjuster know right away. Mistakes can happen, but you don’t want them to affect your settlement.

Repairing Your Vehicle

Once the investigation is done, you’ll be able to move forward with repairing your car, as long as the damage is covered under your policy. The adjuster will let you know how much Farm Bureau will cover, subject to any deductible you have.

• Use a Farm Bureau-Recommended Repair Shop: Going with a recommended or “preferred” shop can simplify the process because Farm Bureau often has established relationships with these businesses. They may also have a streamlined system for handling paperwork and payments.
• Choose Your Own Repair Shop: North Carolina law typically allows you to pick any repair facility you want. Keep all receipts and documentation so you can submit them for reimbursement if Farm Bureau approves the charges.

If you think the repair estimate is too low, you can request a second estimate or discuss the matter with your adjuster. Don’t be shy about questioning anything that doesn’t align with your understanding of the damage.

What About a Rental Car? If your vehicle is being repaired and you need a rental car, check with your adjuster to see if your policy includes rental reimbursement coverage. This benefit can cover the cost of a rental car up to a daily or total limit. If the other driver is at fault, their insurance may also cover your rental expenses.

Medical Expenses and Injury Claims

Vehicle damage isn’t the only concern after a serious accident. If you or your passengers were injured, your Farm Bureau policy might help cover medical expenses, depending on your specific coverage. The following coverage types are especially relevant:

• Medical Payments Coverage (MedPay): This helps pay for medical bills for you and your passengers, no matter who caused the accident. If you have MedPay, it can offer quick relief so you’re not left footing large hospital bills right away.
• Uninsured/Underinsured Motorist Coverage (UM/UIM): If you’re hit by a driver who has no insurance or not enough insurance, UM or UIM coverage can fill the gap. This is particularly important if you have expensive medical bills or if there’s significant property damage that goes beyond the at-fault driver’s policy limits.

Keep copies of every medical record, doctor’s note, or invoice related to the accident. Share these with your claims adjuster so they have a clear picture of your medical needs. If you require ongoing treatment (like physical therapy), make sure the adjuster understands the expected length and cost of that care.

Resolving the Claim

Eventually, Farm Bureau will make a determination on fault and the amount of compensation they’re willing to offer. You’ll receive payment based on the terms of your policy, minus any applicable deductibles. Here are a few things to keep in mind when you’re ready to finalize your claim:

• Claim Timeline: How long it takes can vary. A straightforward claim with minor vehicle damage might wrap up in weeks, while a more complicated case involving serious injuries can stretch out for months.
• Settlement Offer: Farm Bureau will present a settlement figure that they believe covers your expenses—vehicle repairs, medical bills, lost wages, and possibly pain and suffering if that’s part of your claim.
• Disputes and Appeals: If you disagree with the offered amount, Farm Bureau typically has an internal appeals process. You can request that a different representative or supervisor review your claim. If that doesn’t yield a better result, consider seeking legal advice from a Charlotte personal injury attorney.

What If the At-Fault Driver’s Insurance Is Farm Bureau?

When you’re not at fault and the other driver’s insurance is Farm Bureau, you’ll still follow a similar process—only this time, you’re a third-party claimant. Instead of calling your own insurance, you’ll reach out to Farm Bureau and provide the at-fault driver’s policy details.

From there, Farm Bureau will:

• Open a Claim: Confirm the policy details and assign an adjuster to your case.
• Request Documentation: They’ll want the police report, photos, witness statements—everything you collected at the scene.
• Investigate: The adjuster will verify the at-fault driver’s responsibility and your damages.

Keep in mind that, as a third-party claimant, you do not have a contract with Farm Bureau. Their primary obligation is to their own policyholder. This can sometimes lead to disagreements, especially if there’s a question about fault. If you face delays or a settlement offer that doesn’t seem fair, you have options—more on that shortly.

Filing a Complaint Against Farm Bureau

If you ever feel stonewalled or believe Farm Bureau is handling your claim unfairly, you have the right to file a complaint. The North Carolina Department of Insurance (NCDOI) oversees insurance companies operating in the state and can investigate potential wrongdoings. To file a complaint:

• Visit the NCDOI Website: Look for their “Consumer Services” section.
• Use the Online Complaint Form: Provide details about your dispute, including the claim number and any documentation showing why you believe Farm Bureau is in the wrong.
• Call the NCDOI Consumer Services Division: If you’d rather speak to someone, you can call directly.

The NCDOI can mediate between you and Farm Bureau if necessary. While it doesn’t guarantee a favorable outcome, filing a complaint shows you’re serious about getting a fair review.

What to Do If Your Claim Is Denied or You Receive a Lowball Settlement Offer

Not every insurance claim ends with a straightforward settlement that covers all your losses. Sometimes, Farm Bureau might deny your claim outright, perhaps arguing you’re at fault or that your policy doesn’t cover the type of damages you’re claiming. Other times, you might get a settlement offer that feels too low to cover your actual costs for repairs, medical treatment, and lost wages.

So what do you do if you find yourself in this situation? Here are the steps you can take to protect your interests and push for a fair resolution.

1. Request a Detailed Explanation

If Farm Bureau denies your claim or offers you less than you believe you deserve, your first move should be to ask for a detailed explanation in writing. Insurance companies are obligated to explain the reason for denial or the factors leading to their settlement amount. This documentation can help you understand whether the decision is based on policy limits, lack of evidence, or an interpretation of fault that you may be able to dispute.

2. Review Your Policy

Take a close look at your insurance policy’s language, focusing on the sections about coverage, exclusions, and limits. Check for any endorsements or additional coverages you might have that could apply. Sometimes, a claim denial or low offer stems from the adjuster overlooking a particular coverage you’ve purchased. If you see language that contradicts the adjuster’s reasoning, highlight it and bring it to their attention.

3. Gather Additional Evidence

If you believe Farm Bureau’s denial or low offer is based on incomplete or inaccurate information, bolster your claim with more evidence. Examples might include:

• New Medical Evaluations: If your injuries are more severe than originally documented, getting an updated doctor’s note or specialist evaluation can strengthen your position.
• Repair Estimates: If you have multiple repair estimates and one is significantly higher, share them all. A thorough breakdown of parts, labor, and potential hidden damages can justify a higher settlement.
• Witness Statements: Maybe a new witness has come forward, or someone who was hesitant initially has decided to give a formal statement. If their testimony clarifies fault, it could sway Farm Bureau to reconsider their offer.

4. Escalate Within Farm Bureau

Insurance companies usually have an internal appeals process. Request a review of your file by a supervisor or a different adjuster. During this phase, remain polite but firm. Clearly lay out why you believe the denial or settlement amount is incorrect, and provide all supporting documentation you’ve gathered. Keep records of every phone call and email. That way, you have evidence if you need to escalate further.

5. File a Complaint with the NCDOI

As mentioned earlier, the North Carolina Department of Insurance can intervene in disputes. If you’ve already tried negotiating with Farm Bureau and still feel you’re hitting a dead end, filing a complaint might prompt a more thorough review. While this doesn’t guarantee a favorable outcome, it does add external pressure on Farm Bureau to handle your claim in compliance with North Carolina’s insurance regulations.

6. Seek Legal Advice

If the dispute involves significant damages or serious injuries, you might consider consulting a Charlotte car accident attorney. An attorney can:

• Interpret Complex Policy Language: Insurance policies can be packed with jargon and legal terms. An attorney can pinpoint where you have leverage.
• Negotiate on Your Behalf: Sometimes, simply having an attorney send a letter can motivate an insurance company to adjust their offer.
• Represent You in Court: If negotiations fail, you may need to file a lawsuit. A lawyer can guide you through every step of the legal process.

Hiring an attorney can be particularly valuable if you’re facing large medical bills, significant property damage, or a denied claim that leaves you financially vulnerable.

Filing a Farm Bureau auto claim in Charlotte, North Carolina, can be challenging, especially when you’re juggling injuries, repairs, and possibly lost income. By understanding North Carolina’s at-fault system, contributory negligence rules, and minimum coverage requirements, you set yourself up for success from the start. Don’t forget the importance of prompt reporting, thorough documentation, and clear communication with your claims adjuster.

Car accidents are never pleasant, but armed with the right information and approach, you can navigate the claims process and move on with your life. Stay organized, be persistent, and don’t hesitate to seek legal help when you need it. Ultimately, it’s about ensuring you get the coverage and compensation you’re entitled to under North Carolina law.

Who Will Speak for You After a Car Accident?

Dealing with insurance claims, medical bills, and car repairs can feel overwhelming after an accident—especially if you're left with more questions than answers. While Farm Bureau strives to simplify the claims process, challenges like claim denials or low settlement offers can complicate your recovery.

At Speaks Law Firm, our Charlotte personal injury attorneys are here to guide you every step of the way. From collecting evidence to negotiating with insurance adjusters, we focus on getting you the compensation you need to move forward.

Don’t let the claims process work against you. If you’re searching for “car accident lawyers near me,” call Speaks Law Firm at (888) 222-1111 for a free consultation. We’ll evaluate your situation, clarify your options, and help you build a strong case.  You can also reach us through our secure online form. The sooner you act, the sooner we can begin working to protect your interests and maximize your claim.

While you wait for your FREE consultation, we invite you to check out our podcast, Personal Injury Lawyer Podcast with American Injury Lawyer Clarke Speaks.

Who speaks for you? We do!

For many of us, a car is more than just a way to get from point A to point B. It’s an extension of our identity—where we’ve spent hours commuting, road-tripping, or simply enjoying the freedom of the open road. Next to your home, your car is likely one of the biggest financial commitments you’ve made, and the thought of losing it in an accident can feel like a personal and financial blow.

After an accident, one of the most pressing questions is, "when is a car considered total loss?" Beyond the financial implications, dealing with insurers and the claims process can feel overwhelming. In Wilmington, North Carolina, the rules surrounding total loss claims can seem complicated, leaving you wondering what happens next. In this blog, a Wilmington car accident attorney from Speaks Law Firm explains how a car is deemed a total loss, how insurers make that determination, and what steps you can take to protect yourself during the process.

What Qualifies as a Total Loss?

A car is considered a total loss when the cost of repairing it, combined with its salvage value, meets or exceeds its market value before the accident. In other words, it’s not just about whether the car can be fixed—it’s about whether fixing it makes financial sense. This is where insurers rely on calculations to decide whether repairing the vehicle is worth it compared to its overall value.

The key components in determining whether a car is a total loss include:

• Repair Costs: This includes the labor and parts needed to restore your car to its pre-accident condition. For example, replacing a crumpled bumper or fixing a damaged frame can quickly add up.
• Salvage Value: This is the estimated amount the vehicle would sell for in its damaged state. Cars that can be stripped for valuable parts often have higher salvage values.
• Market Value (Actual Cash Value or ACV): This is the car's worth before the accident, based on its age, condition, mileage, and local market trends. The insurer uses this value as the benchmark for whether repairs are justified.

These three factors—repair costs, salvage value, and ACV—are combined to assess whether repairing your car is financially practical.

How Total Loss Decisions Go Beyond Repair Costs

It’s not just about the price of repairs; the car’s salvage value plays a major role. For instance, even if repairs fall slightly below the car’s market value, a high salvage value can push the car into the "totaled" category. Similarly, if the repairs include structural damage that weakens the car’s integrity, an insurer might consider it totaled even if repairs seem affordable.

For example, if the car’s frame is compromised, repairs might restore functionality but leave the vehicle structurally unsound. Even with affordable repairs, insurers prioritize safety and may declare it a total loss.

Examples of Total Loss Scenarios

Let’s look at a few examples to make this clearer:

• Moderate Accident: You’re in a minor collision, and the repairs are estimated at $8,000. If the car’s market value is $10,000 and its salvage value is $3,000, the total loss formula calculates $8,000 (repairs) + $3,000 (salvage) = $11,000. Since this exceeds the market value, the car is totaled.
• Older Vehicles: If you drive a 15-year-old car worth $3,000 and the repair costs are $2,000, insurers may declare it a total loss because the repair costs are close to the market value, even with a lower salvage value.

By understanding how these components work together, you’ll have a better sense of what to expect when filing a claim.

North Carolina’s Total Loss Formula

In North Carolina, a car is considered a total loss when the cost of repairs equals or exceeds 75% of the vehicle’s pre-accident market value, known as the Actual Cash Value (ACV). This threshold is defined by state law and guides insurers in deciding whether a car is beyond economic repair.

How the 75% Rule Works

The 75% rule means that if the repair costs for your car are three-quarters or more of its ACV, the vehicle will be classified as totaled. This calculation ensures that insurers avoid spending more on repairs than the car is worth.

An Example of the Total Loss Formula in Action

Imagine your car has an ACV of $20,000 before an accident. After the collision, repair estimates come in at $15,000. Using the formula:

$15,000 (repair costs) ÷ $20,000 (ACV) = 0.75 (75%)

Since the repair costs are exactly 75% of the ACV, the car is considered a total loss under North Carolina’s guidelines.

For vehicles with lower market values, it becomes easier for repair costs to exceed the 75% threshold. For instance:  A car worth $10,000 with $7,500 in repair costs also qualifies as a total loss under the same formula.

Why This Rule Matters

Knowing this calculation helps you anticipate how your claim might be resolved after an accident. If repair estimates approach 75% of your car’s value, the insurer will likely declare it a total loss. This formula also explains why older cars or vehicles with extensive damage are more likely to be totaled, as their lower market values make repairs uneconomical.

How Insurance Companies Calculate ACV

The Actual Cash Value of your car is one of the most important factors in determining whether it will be considered a total loss. Insurance companies use the ACV to assess the vehicle’s worth immediately before the accident, and it serves as the benchmark for deciding if repairs are financially practical.

What Factors Influence ACV?

Insurers rely on several factors to calculate a vehicle’s ACV, including:

• Age of the Vehicle: Older cars tend to depreciate more over time, which lowers their ACV. A 10-year-old sedan, for instance, won’t hold the same value as a newer model, even if it’s in good condition.
• Mileage: High mileage can significantly reduce your car’s market value. A vehicle with 150,000 miles will generally be worth less than the same model with only 50,000 miles.
• Condition: Insurers evaluate your car’s overall condition, including wear and tear, interior damage, and any previous accidents. Cars with rust, faded paint, or outdated safety features often have lower ACVs.
• Market Trends: The resale value of similar cars in Wilmington and nearby areas plays a role in determining ACV. If demand for your make and model is high, it could positively impact your vehicle’s valuation.
• Optional Features and Upgrades: Upgrades like leather seats, a premium sound system, or a sunroof might slightly increase the ACV, but only if they were properly documented in your insurance policy before the accident.
• Accident History: A vehicle with a clean history will generally have a higher ACV than one with a record of prior accidents or repairs.

How Insurers Determine Market Value

To establish the ACV, insurance companies typically use tools and databases such as:

• Kelley Blue Book (KBB): A widely recognized resource for vehicle pricing.
• National Automobile Dealers Association (NADA): Offers values based on dealership data.
• Local Market Comparisons: Insurers may look at current listings for similar vehicles in Wilmington or surrounding areas to gauge market trends.

Challenges in ACV Calculations

While the ACV is intended to reflect fair market value, it may not always align with what you believe your car is worth. For example:

• Recent maintenance or repairs might not be factored into the initial valuation.
• If your car has custom features or modifications, the insurer may not account for their full value unless properly documented.

What You Can Do If You Disagree

If you believe the ACV calculated by your insurer is too low, you have options:

• Request a Detailed Breakdown: Ask your insurer for a report on how they arrived at the ACV.
• Provide Evidence: Share documentation such as recent appraisals, receipts for upgrades, or comparable car listings.
• Seek an Independent Appraisal: Consider hiring a third-party appraiser to reassess your vehicle’s value.

Understanding how insurers calculate ACV can help you negotiate a fair settlement and make informed decisions throughout the claims process.

What Happens to Totaled Cars After Insurance Payouts?

After your car is declared a total loss and the insurance company issues a payout, the next steps for the vehicle often depend on its condition and salvage value. While you may focus on replacing your car, the totaled vehicle still holds value in several ways.

The Insurance Company’s Role

Once your car is classified as a total loss, the insurance company usually assumes ownership. In most cases, this means you’ll sign over the title, and the insurer will handle what happens next. The vehicle is typically categorized as salvage and directed to one of several outcomes.

Totaled vehicles follow a few common paths after a claim is settled:

1. Salvage Auctions: Insurers sell many totaled cars at salvage auctions. These auctions attract buyers such as scrap yards, mechanics, or enthusiasts who see potential value. Buyers often:
   • Repair the vehicle to sell it with a rebuilt title
   • Strip it for valuable parts like engines or transmissions
   • Recycle metal and other materials for profit
2. Rebuilding and Resale: Cars with less severe damage may be repaired and resold under a salvage or rebuilt title. These vehicles are often sold at a lower price than similar models with clean titles, making them an attractive option for budget-conscious buyers.
3. Scrapping and Recycling: Severely damaged cars often end up as scrap. Parts like tires, batteries, and catalytic converters are salvaged, while the remaining materials are recycled. This process helps reduce waste and supports sustainability.

Keeping a Totaled Car

You may have the option to keep your totaled car if it holds sentimental value or you believe it can still be useful. In North Carolina, this involves a few key steps:

• Reduced Settlement Amount: The insurance company will subtract the salvage value from your payout.
• Applying for a Salvage Title: You must register the car as salvage with the North Carolina Division of Motor Vehicles (DMV).
• Rebuilt Inspection: To drive the car again, it must pass a rebuilt inspection to confirm it’s safe for the road.
• Limited Insurance Options: Comprehensive or collision coverage may be harder to secure for a rebuilt vehicle.

How Total Loss Claims Affect Car Loans

If your car is under a loan or lease, a total loss claim adds another layer of complexity. The insurance payout may not always match the amount you owe on the loan, which can create financial challenges. Let’s break down how loans are impacted by total loss claims and what options you have.

When the Loan Balance Exceeds the Payout

This situation, called "negative equity," occurs when the amount you owe on your car loan is greater than the car's Actual Cash Value (ACV). Negative equity can leave you financially responsible for the remaining balance, even after the insurance company pays the ACV.

Example of Negative Equity:

• Loan balance: $25,000
• Insurance payout: $20,000
• Balance you owe: $5,000

In this case, you would need to pay the $5,000 difference out of pocket unless you have gap insurance. Gap insurance bridges the gap between what you owe and the ACV payout, protecting you from this financial burden.

When the Loan Balance Is Less Than the Payout

If your loan balance is less than the insurance payout, you’ll receive the remaining funds after the lender is paid off. This situation is often referred to as "positive equity."

Example of Positive Equity:

• Loan balance: $15,000
• Insurance payout: $18,000
• Amount you receive: $3,000

The extra $3,000 can help you cover the down payment for a replacement car or manage other expenses related to the accident.

The Role of Gap Insurance

Gap insurance is a specialized policy designed to protect you from financial losses if your car is totaled while you still owe money on a loan or lease. Here’s how it works:

• If your car’s ACV is less than your remaining loan balance, gap insurance covers the shortfall.
• It’s especially useful for new cars, which depreciate quickly and are more likely to leave you with negative equity in the first few years.

Who Should Consider Gap Insurance?

• Drivers with low down payments or high-interest loans.
• Those leasing a vehicle, as leases often include built-in negative equity risks.
• Owners of new cars with significant depreciation in the first few years.

Impact on Leased Vehicles

When a leased vehicle is declared a total loss, the payout process is slightly different. The insurer pays the leasing company directly, as they technically own the car. If there’s a shortfall, you’ll still be responsible for covering it unless gap insurance is included in your lease agreement.

Alternatives to Cover Negative Equity

If you don’t have gap insurance and are left with negative equity, here are some potential options:

• Negotiate with the Lender: Contact your lender to explore repayment plans or refinancing options. Some lenders may offer more flexible terms to help you manage the shortfall.
• Roll Over the Balance: In some cases, you can roll the remaining balance into the loan for your replacement vehicle. While this spreads out the cost, it can lead to higher monthly payments and more interest over time.
• Pay the Balance Directly: If possible, paying off the negative equity immediately prevents further financial complications.

How Weather Events Impact Total Loss Claims in Wilmington

After exploring how loans and payouts interact in total loss claims, it’s worth considering another significant factor: weather.  Wilmington’s coastal location makes it vulnerable to weather-related damage, such as flooding, hailstorms, and hurricane debris. Severe weather can result in significant repair costs that push a vehicle over the total loss threshold. Documenting the damage promptly and filing your claim early is critical after weather events to avoid delays or disputes.

Common Mistakes to Avoid During a Total Loss Claim

• Accepting the First Offer: Insurers may undervalue your car. Research and provide evidence to support a higher payout.
• Forgetting Additional Costs: Factor in taxes and fees when calculating how much you need to replace your vehicle.
• Skipping Documentation: Take detailed photos of the damage and gather receipts for recent maintenance.
• Delaying the Claim: File promptly to avoid complications or denials.
• Relying Solely on the Insurer’s Assessment: Seek an independent appraisal if you disagree with their valuation.

Having your car declared a total loss can feel overwhelming, but understanding the process in North Carolina puts you in a better position to make informed decisions. From negotiating with insurers to replacing your vehicle, knowing your options helps you move forward with confidence.

Your Car Was Totaled, and the Bills Are Adding Up—Who’s Looking Out for You?

A totaled car is more than just a frustrating inconvenience—it's a financial and emotional burden. When you’re also dealing with injuries, medical bills, and lost wages, the aftermath of an accident caused by someone else’s negligence can feel overwhelming. On top of that, disputes with insurers over the value of your car or the compensation for your injuries can make an already difficult situation even worse.

At Speaks Law Firm, we understand the challenges you’re facing. Our Wilmington personal injury lawyers are here to take on the legal and insurance battles for you, whether it’s negotiating with insurance companies, challenging low settlement offers, or seeking compensation for your injuries and other losses. From handling total loss claims to pursuing fair outcomes for accident victims, we’re committed to protecting your rights every step of the way.

If you’re searching for “car accident lawyers near me,” look no further than Speaks Law Firm. Call us today at (910) 341-7570 for a free consultation, or reach out through our confidential online form. The sooner you contact us, the sooner we can begin building a strong case for the compensation you need to move forward.

While you wait for your FREE consultation, we invite you to check out our podcast, Personal Injury Lawyer Podcast with American Injury Lawyer Clarke Speaks.

Who speaks for you? We do!

A car accident can turn your world upside down, especially when it comes to handling medical bills, vehicle repairs, and insurance claims. If the at-fault driver is insured by State Farm, knowing how to file a claim can play a key role in protecting your rights and covering your losses.

Whether it’s a fender bender on South Boulevard or a serious collision on I-485, filing a State Farm claim in North Carolina involves more than just a call to the insurance company. In this blog, you’ll learn the critical steps to take, the essential information to gather, and key North Carolina laws to be aware of as you move through the claims process. We’ll also cover common mistakes to avoid and how to recognize when legal help may be necessary, so you can approach your claim confidently and stay focused on recovery.

Gathering Essential Information After Your Accident

The strength of your claim with State Farm often depends on the information you gather immediately after the accident. In North Carolina, you must report any accident involving injury or property damage exceeding $1,000 to the police. If you’re unsure of the damage amount, it’s always safer to involve law enforcement, as a police report can be critical evidence.

To build a strong claim, gather and document the following details:

• Accident Scene Details:
  • Write down exactly what happened while your memory is fresh
  • Note weather conditions, traffic patterns, and any unusual factors that might have contributed
  • Record any statements made by the other driver, especially admissions of fault or distractions
• Witness Information:
  • Obtain contact information from any witnesses, as their statements can be valuable under North Carolina’s contributory negligence rule
• Photographs of the Scene:
  • Take photos of all vehicle damage
  • Capture the surrounding area, including street signs, traffic signals, skid marks, and debris patterns
  • These details may seem minor but can become crucial evidence in establishing fault

Each of these steps can strengthen your case, especially in North Carolina’s contributory negligence system, where even minor fault admissions can affect compensation.

Key North Carolina Laws Affecting Your Claim

North Carolina has one of the most rigid approaches to car accident claims in the country, known as pure contributory negligence. Under this rule, if you’re found even slightly at fault — as little as 1% — you may be completely barred from recovering any compensation. This strict standard makes it essential to document every detail carefully and to communicate clearly when dealing with State Farm to avoid any misinterpretation of fault.

Since North Carolina follows an at-fault system, the driver responsible for the accident is expected to cover damages, starting with their insurance. To meet state law, North Carolina drivers must carry at least the following minimum insurance coverage:

• $30,000 for bodily injury per person
• $60,000 for bodily injury per accident
• $25,000 for property damage

While these minimums provide a basic level of coverage, they may be insufficient in more serious accidents. Many drivers carry higher limits, and State Farm may offer additional coverage options that could apply. When filing your claim, ask about the at-fault driver’s complete coverage details, as additional coverage may help offset your losses.

Initiating Your Claim with State Farm

When filing a claim with State Farm after an accident, it’s important to choose a method that allows you to provide accurate information without unintentionally impacting your case. State Farm offers several ways to file, including online, through their mobile app, or by phone with a claims representative.

If you prefer not to speak directly with a representative, the online and mobile app filing systems offer a convenient, self-guided option that lets you review your responses carefully before submitting. This approach can help you stay focused on the facts without the pressure of a live conversation. Be sure to save copies of everything you submit, including screenshots if possible, to keep a detailed record of your claim.

To streamline the process, it helps to have the following information ready:

• State Farm policyholder’s name
• State Farm policy number
• Make of their vehicle
• Date of the incident

If you do choose to speak with a claims representative by calling 1-800-SF-CLAIM, it’s essential to stay focused on objective facts. Claims conversations are typically recorded, so:

• Stick strictly to the facts – avoid any statements about fault or speculations regarding the accident.
• Don’t feel pressured to answer every question on the spot. If you’re unsure, it’s perfectly acceptable to say, “I don’t know” or “I need to review my records.”

For either method, document every step of your submission process, including dates and details, and make copies of all correspondence related to your claim. Taking these precautions can help you avoid common pitfalls and keep the process straightforward.

Medical Treatment and Documentation

Your health should be your primary concern after an accident. North Carolina law allows you substantial time to file a claim – typically three years from the date of the accident for personal injury claims. However, note that property damage claims might have different time frames, so it’s best to address all aspects of your claim promptly.

When seeking medical treatment, create a clear paper trail. Keep a detailed log of:

• Every medical visit, including the date, provider, and reason for the visit
• All prescribed medications and treatments
• Pain levels and symptoms on a daily basis
• How your injuries affect your daily activities
• Work missed due to injuries or medical appointments
• Travel expenses related to medical care

Request copies of all medical records and bills promptly. Medical providers in North Carolina must provide these records within 30 days of your request, though they can charge reasonable fees for copying.

Dealing with Vehicle Repairs

State Farm's claims process for vehicle damage can move quickly, sometimes too quickly. While they may pressure you to use their "Select Service" repair facilities, North Carolina law gives you the right to choose your own repair shop. However, if you choose an independent shop, ask if they are familiar with State Farm’s claims requirements, as this can help prevent repair billing delays.

When getting repairs:

• Obtain multiple estimates from reputable shops
• Research each shop's experience with your vehicle make and model
• Ask about their warranty policies
• Inquire about original vs. aftermarket parts
• Get all repair agreements in writing

State Farm may assign an adjuster to inspect your vehicle. You have the right to be present during this inspection. Take photos before and after the inspection, and request a copy of the adjuster’s report.

What to Expect in Settlement Negotiations

State Farm's initial settlement offer rarely reflects the full value of your claim. They may attempt to resolve property damage claims quickly while delaying injury settlements. This tactic can work against you, as accepting any settlement without fully understanding your injuries can limit your future options.

When evaluating settlement offers, consider:

• All current medical expenses
• Expected future medical needs (consult a healthcare provider to estimate these needs)
• Lost wages and impact on earning capacity
• Long-term effects of injuries
• Impact on quality of life
• Property damage and diminished value
• Incidental expenses like rental cars and medical travel

Keep detailed records of all communications regarding settlement offers. North Carolina law requires insurance companies to act in good faith, but this doesn't always translate to fair initial offers.

Recognizing When You Need Legal Help

While many car accident claims can be handled directly with State Farm, certain situations signal the need for the assistance of car accident lawyers in Charlotte, NC. Watch for these red flags:

• Disputed liability or fault allegations
• Serious injuries requiring ongoing treatment
• Multiple involved parties
• Commercial vehicles involvement
• Delayed responses from State Farm
• Pressure to accept quick settlements
• Denial of legitimate claims
• Complex medical conditions

If State Farm suggests you bear any fault for the accident, North Carolina’s contributory negligence rule makes it especially important to seek help. Even a small percentage of fault can eliminate your right to compensation.

Avoid These Common Mistakes

Filing a claim with State Farm after an accident in North Carolina can be challenging, especially under the state’s strict contributory negligence laws. Here are common mistakes to avoid to help protect your claim:

• Admitting Fault or Offering Speculative Statements: Because even 1% fault can bar you from compensation, avoid making any statements at the scene or with State Farm that could imply responsibility. Stick to factual information only, and avoid guessing about how the accident happened.
• Automatically Accepting State Farm’s Recommended Repair Shops: While State Farm may suggest using their Select Service repair shops, you’re entitled to choose any certified repair facility you trust. Make sure the shop you select understands State Farm’s billing and documentation requirements to avoid any processing delays.
• Accepting the First Settlement Offer: Insurance companies often issue low initial settlement offers. Review any offer carefully to ensure it accounts for all current and anticipated accident-related expenses. If in doubt, seek guidance to ensure the offer aligns with your full needs.
• Overlooking Future Expenses: In the rush to settle, accident victims sometimes overlook future costs, such as ongoing medical treatment or vehicle repairs. Take time to review your expenses, including potential future needs, before finalizing a settlement.

By steering clear of these common mistakes, you’ll strengthen your case and increase the likelihood of securing fair compensation for your losses.

Moving Forward After Your Accident

Handling a State Farm claim after an accident requires patience, attention to detail, and a clear understanding of your rights under North Carolina law. As an injured party, you have the right to:

• File a claim for compensation from the at-fault driver’s insurance
• Refuse any initial settlement offers if they do not fully cover your injuries or damages
• Access necessary documentation related to your claim, including adjuster reports
• Challenge decisions if the insurer denies your claim or disputes the extent of your damages
• Seek legal advice at any point if you feel unsure about the process or believe your claim is being mishandled

While the process can feel overwhelming, breaking it down into manageable steps helps you address each part of your claim effectively. Focus on your recovery while keeping thorough records of everything related to your accident and injuries. If at any point you feel pressured or uncertain about State Farm’s handling of your claim, don’t hesitate to seek a professional evaluation of your situation.

North Carolina’s strict contributory negligence rules and three-year statute of limitations mean that how you approach your claim from the start can significantly impact your ability to recover compensation for your injuries and damages.

Like a Good Neighbor, State Farm Is There... But Who Speaks for You if You Need Help with Your Claim?

When you're dealing with injuries, medical bills, and vehicle repairs after a crash, you need someone on your side who truly understands what’s at stake. While State Farm promotes a straightforward claims process, navigating it after an accident can be anything but simple—especially if initial settlement offers fall short, if your claim is disputed, or if the company attempts to assign you partial fault.

At Speaks Law Firm, our Charlotte personal injury attorneys will speak for you. From gathering crucial evidence to negotiating with insurance adjusters, we work tirelessly to maximize your compensation while you focus on recovery.

Don’t let delays, denials, or lowball offers derail your claim. Our team is experienced in handling State Farm claims, and we’re ready to put that knowledge to work for you.

Take the next step toward fair compensation. If you’ve been searching online for “car accident lawyers near me,” call Speaks Law Firm instead at (980) 237-6948 for a free consultation. We'll review your situation, explain your options, and show you how we can help strengthen your claim.

You can also reach us through our confidential online form. The sooner you contact us after your accident, the more effectively we can protect your interests and build a strong case for the compensation you need.

While you wait for your FREE consultation, we invite you to check out our podcast, Personal Injury Lawyer Podcast with American Injury Lawyer Clarke Speaks.

Who speaks for you? We do!