George L. Simpson IV's Answers

How do I negotiate the settlement to replace my vehicle that was totaled by another driver?

Generally speaking, the measure of damages for third-party property damage in auto accidents is the difference in fair market value immediately before and immediately after the accident. For more recent claims like this, the North Carolina legislature recently enacted N.C.G.S. 20-279.21(d1), which provides for a non-binding appraisal process for claims that a third-party and the insurer are unable to resolve on their own. This response is intended to be informational only, and not legal...

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Can I sue someone who I was lending a car to and the transmission goes out in 3 weeks. The car was in perfect condition when I

You will want to consult an attorney regarding the specific details of your case. Based on the limited information you've presented here, it is not clear what basis you would have to file suit against the person to whom you loaned your car. Ordinarily, the simple fact that something went wrong with your car while someone else was driving it does not mean that the driver is automatically liable for that problem. Generally, in order to be liable, the driver would have had to have negligent...

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Civil Court Time Limit

You indicate that you are located in Cary, North Carolina, so it is not clear to me whether you would be better served filing suit in New Jersey or North Carolina. I am unfamiliar with the statute of limitations in New Jersey, but in North Carolina the statute of limitations for negligence claims is three years. You might also have a breach of contract claim, and contract claims also have three year statutes of limitations in North Carolina. If you choose to proceed in New Jersey, you will...

Can I get medical benefit from both my auto insurance company and health insurance company?

The answer to your question likely depends on the precise language used in the auto and health policies. Some policies contain "other insurance" provisions which specify that coverage is provided only when other insurance coverage is not available to cover the complete loss. There may be other policy provisions that impact resolution of your question, too. Before tendering payment to your health insurer, you may want to have an attorney carefully review your insurance policies to provide you...

Can a newspaper use your name,After informing them I do not wan't to be quoted and I would like my involement kept minimal.

It is unfortunate that your name has been dragged into what sounds like a messy situation involving a family member, but the newspaper can almost surely use your name. One effective way to minimize your involvement in this matter would be to decline to speak with reporters. This response is intended to be informational only, and not legal advice. This lawyer is licensed to practice law in the state of North Carolina, and is not licensed in any other state. If you are not from the state of...

Can someone sue me for getting diminished value of car involved in an accident?

Diminished value means the difference in fair market value immediately before an accident and immediately after an accident. In other words, what would someone on the open market have agreed to pay for you car before it was damaged vs. what someone would pay for it after it was damaged. The difference in FMV is not always the same as the repair costs, but the amount of the repair costs can be used as one way to measure the difference in FMV. To give you an example - if your car is worth $10k...

My daughters parked car was hit

Based on the facts as you describe them, it is unlikely that your insurer will have to pay for both cars' property damage. It is not clear based on the facts provided why the cop told you that it was illegal to park on the street - there are some locations where this is true, but it is not a blanket rule, and on many residential cul-de-sacs you are allowed to park on the street. You should get some clarification as to why the cop believed the vehicle was parked illegally - perhaps there is a...

I was in an auto accident where the other car failed to stop at a stop sign. She received a ticket.

The measure of recovery for third-party property damage claims like yours is the difference in fair market value immediately before and immediately after the accident. This means that the insurer is not required to pay off your loan, necessarily. If you car was worth $5k before the accident and $0 afterwards, the insurer will have to pay you $5k (i.e., the difference in value before and after the accident). If your car was only worth $1k before the accident and $0 afterwards, the insurer...

About settelment

If you settle with the other driver's insurer, the insurer will almost certainly require you to sign a release that prevents you from pursuing further recovery from the insurer or its insured. This response is intended to be informational only, and not legal advice. This lawyer is licensed to practice law in the state of North Carolina, and is not licensed in any other state. If you are not from the state of North Carolina, you should consult an attorney in your state. Although a...

In NC, Is it legal for a car dealership to refuse giving a refund in less than 24hrs of purchase?

Unfortunately for you, absent a breach of contract, warranty, or some other wrongful conduct on the dealership's part, the law does not require the dealership to refund your money if it does not want to. If you do not want a Mercedes, you should trade it in somewhere for a different car. Good luck to you resolving this situation. This response is intended to be informational only, and not legal advice. This lawyer is licensed to practice law in the state of North Carolina, and is not...