What Happens If I Am At-Fault For A Car Accident in Charlotte, NC?

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What Happens If I Am At-Fault For A Car Accident in Charlotte, NC?

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If you are involved in a car accident in Charlotte, there are several things that you need to know. First and foremost, it is important to understand the legal implications of being at fault for an accident. North Carolina follows a contributory negligence doctrine, which means if you are even partially at fault for an accident, you may not recover damages.

At The Law Offices of Jason E. Taylor, our Charlotte car accident lawyers have years of experience helping car accident victims get the compensation they deserve. If you have questions about your rights when at fault for an accident, contact us today for a free consultation.

What to Do After a Car Accident

After you have been involved in a car accident, the first thing that you need to do is seek medical attention. Even if you do not think you are injured, it is important to get checked out by a doctor. This will ensure whether you may have any internal injuries and create a record of your injuries and treatment.

Stop and Stay Safe

The next thing that you need to do is stop your vehicle. If you can, make sure to take photographs of the collision and the location of the vehicles. Once that is done, see if you can safely move your car to the side of the road.   This will help to ensure the safety of other drivers on the road and your continued safety. Once you have stopped your vehicle, turn on your hazard lights. This will alert other drivers that you are stopped on the side of the road.

Call the Police

The police will investigate the accident and will create a report. This report can be used as evidence in a car accident case.

Collect Information from Other Drivers

You should collect information from the other drivers involved in the accident if you can. This includes their name, contact information, insurance information, and license plate number. You should also take pictures of the damage to both vehicles and the location of the collision as referenced above. These pictures can be used as evidence in your case. A dashboard camera is an effective tool for capturing what happened. 

Contact Your Insurance Company

After gathering all of the necessary information, you should contact your insurance company. You will need to provide them with the information you have collected from the other drivers. They will also want to know about your injuries, if any.

Contact a Car Accident Attorney

If you do not believe you are at fault for an accident, you should contact a car accident attorney. An attorney can help you through the legal process and represent you in court if necessary.

Fault in North Carolina

In North Carolina, the law is not as clear on who is at fault in car accidents. The driver who was negligent or violated a traffic law is typically at-fault for the accident. However, even at the top of an accident report, it states that determinations of fault are for the state courts or the insurers.  That is due to a unique doctrine in North Carolina called contributory negligence.  

Contributory Negligence in North Carolina

Contributory negligence means that you cannot recover damages if you are partially at fault for an accident. This means that if you are involved in an accident, it is important to seek the help of an experienced car accident attorney, particularly before you give any statements to the insurance companies.

Is North Carolina an At-Fault State?

North Carolina is an at-fault state, which means that the driver who is at fault for an accident is responsible for damages. If you are involved in an accident, you should contact a car accident attorney to help you with your case and avoid any possible contributory negligence pitfalls.

What Are the Penalties For Being At Fault in a Car Accident?

The penalties for being at fault in a car accident can vary depending on the accident’s severity. In some cases, you may be required to pay damages to the other driver if their damages exceed your liability coverage. You may also face fines or jail time. A criminal or insurance defense attorney can advise you about your case and ensure that you are aware of all potential penalties.

What Damages Are Covered If You Cause a Car Accident in Charlotte?

If you are at fault for a car accident, you could be required to pay for the damages incurred by the other driver. These damages can include:

  • Medical Bills – If the other driver is injured, you may be required to pay for their medical expenses. This can include hospital bills, doctor’s visits, and prescription costs.
  • Property damage – If the other driver’s property is damaged in the accident, you may be required to pay for the repairs. This can include damage to their vehicle or any damaged personal property.
  • Lost wages – If the other driver cannot work because of the accident, you may be required to pay for their lost wages. This can include the time they miss from work and any future earnings lost.
  • Pain and suffering – The other driver may be entitled to compensation for their pain and suffering. This can include both physical and emotional pain.

In most instances, if you are at fault for a collision, your insurance company will handle the claim for the injured party up to your policy limits and provide you with an attorney if you end up being sued. However, our friendly suggestion is to carry more than the minimum limits the law allows to avoid ending up in this situation.  

How is Fault Determined for a Car Accident?

The fault for an automobile accident is determined by reviewing evidence from the crash. Evidence commonly used to determine liability in a car accident claim include:

  • Police Report
  • Witness statements
  • Photos of the accident scene and damage to vehicles
  • Video footage, if available
  • Data from car accident reconstruction experts
  • Medical records

Will My Insurance Pay If I am At Fault for a Car Accident?

If you are at fault for an accident, you may be responsible for paying for any damages that are not covered by your insurance policy. In some cases, your own insurance company may pay for the damages you cause in an accident. However, it is important to speak with your insurer to determine what is covered and for how much.

It is important to speak with an experienced car accident attorney to ensure that you know your rights and what steps to take if you are involved in an accident. If you have any further questions, please do not hesitate to contact our office. We would be happy to answer any of your questions.

Can I Recover Damages For My Vehicle?

If you are found to be at fault for a car accident, you will not be able to recover damages for your vehicle under the minimum policy requirements in North Carolina. However, if you have collision coverage on your insurance policy, your insurance company will pay to have your vehicle repaired. If the cost of repairs exceeds the value of your car, your insurance company will declare it a total loss and will pay you the fair market value of your vehicle.

Insurance Requirements in North Carolina

North Carolina Insurance Law requires all drivers to have liability insurance provided by a North Carolina licensed company. Liability coverage protects innocent drivers and passengers against injuries and property damage caused by negligent drivers. Driving without insurance is so prevalent in North Carolina, the legislature also made having uninsured motorist coverage mandatory.  

How Do Car Insurance Companies Determine Who’s At Fault?

Once you report the accident to your insurance company, they will assign an adjuster to the case. An insurance adjuster is an individual who is responsible for investigating an insurance claim. The adjuster will investigate the accident to determine who is at fault. They will interview the parties involved in the accident, review police reports and other evidence, and determine who was at fault for the accident.

If the insurance adjuster finds you even 1% at fault for the accident, they will deny your claim based on North Carolina’s contributory fault laws. It’s important to note that even if you are not at fault for an accident, the insurance company puts itself first. They will do everything they can to prevent paying you a settlement.

Will My Car Insurance Rates Increase If I’m At-Fault For the Car Accident?

If you are the at-fault driver in a car accident, your insurance rates will likely increase. How much they will increase depends on various factors, such as the severity of the accident and whether or not you have been in any accidents in the past. If you have been in several accidents in the past, your rates may increase significantly.

Contact a Charlotte Car Accident Lawyer Today

If the insurance company is claiming you are partially at fault for a car accident, it is important to contact a car accident lawyer for your case. Our auto accident attorneys  have experience with all personal injury cases, including car accidents. We are not afraid to take on insurance companies to help you obtain fair compensation. We value the attorney-client relationship and will work tirelessly to protect your rights.

Contact The Law Offices of Jason E. Taylor today for your free initial consultation and learn more about what we can do to help you. We will answer your questions and explain all of your legal options.

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

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STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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