When Should You Hire An Attorney For A Car Accident In North Carolina

Key Highlights:

• When should you hire an attorney for a car accident in North Carolina? This is when you haven’t already talked with any insurance adjusters about your claim. 
• If you do not follow the NC 1% rule, you could be losing money very quickly if you don’t hire a lawyer sooner rather than later. 
• Dashcam and surveillance video evidence can be gone very quickly, in a matter of weeks.
• If you were seriously injured or involved with a commercial truck, then it is best to hire a lawyer after a car accident as soon as possible. 
• You can meet with an attorney for a no-cost consultation; reach out for the initial free car accident consultation, and there will be no upfront costs.

When Should You Hire an Attorney for a Car Accident in North Carolina?

If you’ve had a car accident, contacting a lawyer as soon as possible (generally before providing the insurance company with a recorded statement) is always the safest and smartest thing to do. 

North Carolina allows three years from the date of the accident to bring your claim, but many of the decisions about what will happen with your case will be made in the early days following your accident when there is still significant evidence, and the insurance adjuster has begun working on your claim. Here are some indications that you should contact an attorney and North Carolina car accident lawyer.

I am Robert Tatum from the Tatum & Atkinson Law Firm, a veteran-owned law firm that has been in business since 2006! Our lawyers have over 65 years of combined experience helping clients navigate the question of when having an attorney after a car accident in North Carolina is appropriate. If you are asking yourself the question “Should I hire a lawyer after my car accident?”, we at Tatum & Atkinson Law Firm offer a free consultation regarding car accident victims and are happy to assist with your case.

The Honest Timeline: The Time to Pick Up the Phone

Now, If You Haven’t Called the Insurer Yet…

The single best time to hire a lawyer after a car accident is before giving the other party’s insurer your recorded statement. 

If you are in a contributory negligence state and have had a serious injury claim against someone, then talking with that person’s insurance company for the first time (or at least until you know they have seen you) is potentially a clear way you will get to lose your claim due to a careless or poorly phrased comment. 

Therefore, if you’ve been involved in a serious accident but have not spoken with the other party’s insurance company, I urge you to do so right away.

Within Days of the Accident, While the Evidence is Still Available

After any auto accident, evidence related to it begins to vanish quickly. 

For example…

• Repairs to your vehicle may take days
• The accident scene will usually be cleaned up almost immediately
• All CCTV tapes will have new content on them fairly soon after the accident. 

Retaining a North Carolina car accident lawyer during the early stages means preservation demands are made while there is something left to preserve.

When the Adjuster Calls for a Statement or Fast Check

A quick and friendly call from an insurance adjuster requesting your recorded statement or making an early offer to settle before you’ve seen a doctor is a sign, not a courtesy. It’s time to hang up and call a North Carolina car accident lawyer instead.

It Is Not Too Late Weeks After

Did you miss the early opportunity? Don’t despair. Three years is a long way off on the NC car accident claim timeline, but evidence has already started disappearing; later will do, but sooner works better.

When Legal Representation Is Not Just Advisable

There are some minor collisions you can handle on your own. These tend not to be among them.

Serious or Catastrophic Injuries

This includes broken bones, operations, injuries to your head, neck, or back, or any permanent damage, and the more severe the injury, the more value there is in when to hire a personal injury attorney early on.

There Is Disagreement About Who Is At Fault

This could be when they blame you, or there is a discrepancy in their story. In North Carolina, if they dispute fault, it means the 1% rule is applicable. This is when to hire a personal injury attorney, and early legal representation is most valuable.

A Commercial Truck or Ride-Sharing Vehicle Is Involved

With commercial vehicles come large insurance policies and federal timelines for discovery. Under FMCSA guidelines, a trucking company is required to retain only six months’ worth of a driver’s log, so time is of the essence.

The At-Fault Driver Is Uninsured or Fled

In this situation, your own UM / UIM policy becomes applicable; there is a separate set of rules for claims like these.

Someone Has Died in the Accident

Wrongful death claims have a different procedure and time limit of two years; it shouldn’t be left to a mourning family to figure out on its own.

How North Carolina’s 1% Rule Determines the Timing and Tactics

In North Carolina, contributory negligence is applied strictly. You will not be able to recover anything if you are considered even 1% at fault. And it is precisely for this reason that timing is a tactic here. 

The adjuster will try to get to 1% through their initial set of questions, and the only way to deal with that is to do it early on; it is important to secure evidence proving that the other party was at fault before the narrative changes. 

A claim has to be brought within three years, N.C.G.S. § 1-52, but the Heavy Hitters do not wait until then. It’s important to understand the NC car accident claim timeline to ensure you protect your interests.

What a Lawyer Does in the First Few Weeks

In the initial weeks of your claim, your North Carolina car accident lawyer will be primarily focused on gathering evidence before it fades away and separating your case from others: 

• Sending preservation letters for dashcam video
• Security footage
• Vehicle data from third-party sources to avoid deletion or filing of such. 

Handling all communications with the adjuster so that nothing you say can be used to establish fault. Establishing medical proof connecting the injury to the accident with no holes. Valuing the case, including future care, before any settlement offer has even been made.

Should You Consult a North Carolina Car Accident Attorney? Call Tatum & Atkinson

If you are wondering whether you should I get a lawyer after a car accident, you already have your answer. In the wake of an accident, your initial priority is medical treatment and your physical well-being, while the legal aspect can take care of itself once you’ve had a chance to catch your breath; however, time is of the essence where evidence is concerned.

 With our firm handling cases in North Carolina since 2006 from our office in Raleigh along the I-440 Beltline and throughout Wake County and North Carolina, Tatum & Atkinson knows North Carolina’s “1%” rule inside and out and knows exactly what moves the insurance company is likely to make, and whether you need us at all. 

Call (800) 529-0804 for a free car accident consultation. Our firm works on a contingency basis, and there is never any charge unless we win; since evidence fades away quickly, the sooner you call, the better.

Frequently Asked Questions!

What mistakes do people make by waiting too long?

The obvious ones include providing a recorded statement, sharing information regarding the crash through social media, signing a quick release before you get the full picture of the extent of injuries, creating a delay between treatments, and having the vehicle fixed prior to making a claim.

Can I still recover if I was partly at fault?

Under North Carolina law, even 1% at fault is enough to prevent any claims for injuries, and that is precisely why it is so important to hire a lawyer after a car accident right away; your defense against a fault claim begins with your first statement to the insurance company.

What happens during the first consultation?

It will not cost you a penny and involves no obligation whatsoever. A North Carolina car accident lawyer will listen, will explain to you the 1% rule and all time limitations, and will advise you whether you really need an attorney or not. It may very well turn out that you do not need one. Just bring your police report and photographs, if available. First calls last about twenty minutes.

What does hiring a car accident lawyer cost?

Upfront nothing. The whole premise behind this type of case is contingency fees, which means that you will only be charged a fee if money is recovered, and it will come out of the results. Start with a free car accident consultation today.

Is it wise for me to make contact with a lawyer before contacting the insurance company after a car accident?

Yes, it is always wise to consult with a lawyer before making your statement to the insurance adjuster, especially in North Carolina, where even 1% responsibility disqualifies you from getting compensated.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.