William David Owens’s Answers

William David Owens

Raleigh Car / Auto Accident Lawyer.

Contributor Level 8
  1. Car wreck while 8 months pregnant. 5 year old and 1 year old in car also. car totaled and im left helpless?

    Answered about 3 years ago.

    1. Timothy Lawrence Van Eman
    2. William David Owens
    3. Christian K. Lassen II
    4. Lars A. Lundeen
    4 lawyer answers

    No this is NOT correct. The other driver's automobile liability insurance company is responsible for paying the cost of medical treatment for injuries that were caused by the collision (in addition to other damages such as lost wages, pain & suffering, etc...). Even if health insurance has paid for the medical treatment, you can recover the value of the medical treatment rendered. By statute, the value is predetermined to be whatever amount was paid by the health insurance company for the...

    6 lawyers agreed with this answer

  2. Question, if a motorist drives his vehicle on my property and destroys a brick wall, leave his tire prints in my yard,

    Answered about 1 year ago.

    1. R. Alfred Patrick
    2. William David Owens
    3. John L. Schroeder
    4. David Ian Schoen
    5. Sean Cleary
    6. ···
    8 lawyer answers

    Yes, the standard auto policy contains liability coverage for property damage. In most car wreck cases, this coverage would be invoked to make repairs to damaged vehicles; however, it is also broad enough to cover damage to other personal property, such as "fixtures" on your property (like a brick wall), or even your house, or utility poles, guardrails, etc, etc, etc. Simply call the driver's insurance company and make a claim. You'll need to get estimates for repairs and provide the...

    5 lawyers agreed with this answer

  3. I was in an accident 09/21/12 my health ins paid the emergency room bill? Will this effect what the at fault party pays out?

    Answered over 2 years ago.

    1. John Locke Milholland IV
    2. Michael Scott Rothrock
    3. David J. McCormick
    4. William David Owens
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    You mention a total of $7,586 in medical bills. Does this include the ER bill? How much was the ER bill? How much did your health insurance pay? How much did the hospital “adjust” or write off, as part of their contractual relationship with your health insurance company? Does your health insurance company have a right of subrogation to recover (from you) the monies they’ve paid to the hospital on your behalf? Does the $7,586 figure include diagnostic/radiographic testing? How much? What...

    5 lawyers agreed with this answer

  4. I fell at a Walmart store over a section of equipment left in the walkway in the outisde materials dept.., They have video ..

    Answered over 2 years ago.

    1. Timothy Shawn Howard
    2. John Locke Milholland IV
    3. William David Owens
    4. Timothy Leo Bowden
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Under no circumstances should you give a recorded statement to Walmart prior to consulting with an experienced premises liaibility/slip & fall attorney in your area. Under NC law, you are not entitled to recover your medical expenses (and other damages) just because you got injured on their property. You must first prove that the property owner was "negligent" in the manner in which they maintained their premises. BIGGER PROBLEM: In North Carolina, if the evidence shows that at reasonable...

    5 lawyers agreed with this answer

  5. How can I obtain the cell phone records of a person who caused me to wreck and he kept going til his truck gave out ?

    Answered 2 months ago.

    1. Timothy Shawn Howard
    2. John M. McCabe
    3. James Robert Faucher
    4. William David Owens
    5. Marcus Edward Hayes
    6. ···
    8 lawyer answers

    McCabe and Howard have shared excellent advice (as usual). You will need the power of subpoena to get the phone records. I will add that, a good/early spoliation letter sent the driver (and/or any other appropriate parties) is always a good idea as well. Either way, if you or anyone else was injured, I'd recommended a consultation with a qualified injury attorney in your area. He/she could provide further counsel on the cell phone issue, as well as the many other issues to be explored when...

    4 lawyers agreed with this answer

  6. Met Life not covering expenses from accident where their insured is at fault.

    Answered 6 months ago.

    1. John M. McCabe
    2. Brandon Rice Roseman
    3. Timothy Shawn Howard
    4. William David Owens
    5. Douglas Stuart Punger Jr.
    6. ···
    9 lawyer answers

    Before taking another step, you need to speak with a qualified attorney for a free consultation on the matter. Given the potential exposure for punitive damages, if the case involves an "at fault" driver who was driving while impaired/drunk/DWI, you should NOT attempt to handle the case on your own. There are occasions in which it makes sense to resolve a wreck claim without an attorney. If the case involves a DWI, it is NOT one of those occasions.

    4 lawyers agreed with this answer

  7. THE INS CO IS NOT PAYING WHAT DO WE DO

    Answered over 1 year ago.

    1. Timothy Shawn Howard
    2. Christian K. Lassen II
    3. William David Owens
    4. John M. McCabe
    5. Gregory J Miller
    5 lawyer answers

    If the other driver was indeed driving while impaired (DWI), then you may be entitled to “punitive damages” on top of medicals and other compensatory damages. HOWEVER, if the son was driving the truck without permission, you may have an insurance coverage problem. If the son was driving a company truck while DWI, you may have yet another coverage issue. Either way, if your credit is being wrecked, that leads me to believe the wreck was at least a couple of months ago. From the sounds of it,...

    4 lawyers agreed with this answer

  8. What are the four elements of legal negligence?

    Answered about 2 years ago.

    1. William David Owens
    2. Christian K. Lassen II
    3. Lloyd T. Kelso
    4. John Locke Milholland IV
    5. Michael Charles Doland
    6. ···
    8 lawyer answers

    Tort law is essentially the law of negligence. Negligence is: 1) Duty 2) Breach 3) Proximate Cause 4) Damages Good luck! William Owens Owens & Miller, PLLC 4030 Wake Forest Road, Suite 101 Raleigh, NC 27609 Phone no: (919) 719-2750 Fax no: (919) 516-0063 www.owensmiller.com

    4 lawyers agreed with this answer

  9. SAY MY PI CASE IS AWARED 100K OR MORE FROM A JURY AND THE DEF. HAS ONLY THE MINIMUM LIABLITY CAN MY UIM PICK UP THE DIFFERENCE?

    Answered over 2 years ago.

    1. William David Owens
    2. Kevin Coluccio
    3. Joseph Torri
    3 lawyer answers

    The jury would make an award that is formalized in a judgment. The liability carrier will pay the judgment UP TO THE LIMITS OF THEIR POLICY. To the extent your underinsured motorist coverage exceeds the liability coverage, they will pay the judgment UP TO THE LIMITS OF THE POLICY. The insurance company is not going to pay beyond their policy limits. The individual defendant would be responsible for the remainder of the judgment. The key in this kind of case, the key is to get an...

    4 lawyers agreed with this answer

  10. Problem with a low impact claim

    Answered about 3 years ago.

    1. David M. Vereeke
    2. Christian K. Lassen II
    3. William David Owens
    4. Terrence Marc Rubino
    5. Jeffrey Mark Adams
    6. ···
    8 lawyer answers

    Unfortunately, if the adjuster sticks to his/her guns on the denial of payment for your medical expenses, you are left with only 2 options: 1) Walk away and eat the cost of the medical treatment, or 2) File a lawsuit against the driver and go to court to prove that you were injured and that the treatment you received was reasonable and necessary, and therefore the defendant driver (and his/her insurance carrier) are responsible for the judgment. My office is in Raleigh NC, but I have...

    4 lawyers agreed with this answer