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William David Owens

William Owens’s Answers

53 total

  • THE INS CO IS NOT PAYING WHAT DO WE DO

    DRIVER WAS CHARGED WITH DWI DWLR THE DRIVER WAS THE SON OF THE MAN WHO HAD THE TRUCK(COMPANY TRUCK) I HAVE NOT SCENE ANY OTHER CHARGES MY HUSBAND UPON ADVICE OF PATROLMAN WAS SENT TO HOSPITAL TO BE CHECKED OUT BECAUSE HE WAS ON BLOOD THINNER AT...

    William’s Answer

    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, you will likely need formal representation on the matter. Either way, I would strongly advise that you at least contact an attorney for a consultation. Most injury attorneys offer free consultations. 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

    See question 
  • I was in a MVA a while ago - hired a PI atty - driver was drunk, driving someoneelses commercial pick-up

    the policy limit for the owner of the truck was 40K but they live in a million dollar house (zillow Est) and have 3 vehicles. The driver I suppose either an employee or friend cannot be located. Atty said just be glad they have 40K and if you tr...

    William’s Answer

    Most policies in NC are sold in increments of $30K, $50K, $100K, $250K, $300K, $500K, $1mill+. As such, a $40K policy limit would be odd in NC. There may very likely be other reasonable explanations for a $40K offer (multiple plaintiff’s with significant injuries, etc). Either way, if you’ve got $100K in UIM, you have at least that much coverage (if there is indeed limited coverage for the defendant). You may be covered under multiple UIM (underinsured motorist) policies. Your attorney can explain all of this to you. Sometimes, it can get a little confusing. I’d recommend scheduling a face to face meeting with your attorney to discuss the issues involved with your case, so that you are both on the same page.
    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

    See question 
  • How do i go about filing my claims

    well i was in a wreck and was a passenager . I suffered neck injuries and now I was wondering what should i do now , i have my medicial bills I'm just confused about how to do my claims I'm trying to do it myself but is slitly confused , will some...

    William’s Answer

    You can do it on your own, but before you do, you should at least sit down for a consultation with an attorney. There are literally 100's of injury attorneys in Charlotte who would be happy to sit down for a free consultation for 1/2 hour or so. They can educate you on your options, as well as the process, which will help you determine whether or not you would benefit from representation.

    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

    See question 
  • I was backing into my space at school when another vehicle went around me and i hit him, am i at fault

    as i was backing into my space, another driver was impatient and went around me. I hit him and the resource officer at my school says its my fault because i was back up. Is this true?

    William’s Answer

    This portion of NC law seems applicable:
    NCG.S. 20-154:
    (a) The driver of any vehicle upon a highway or public vehicular area before starting,
    stopping or turning from a direct line shall first see that such movement can be made in safety,
    ....., and whenever the operation of any other vehicle may be affected by such
    movement, shall give a signal as required in this section, plainly visible to the driver of such
    other vehicle, of the intention to make such movement. The driver of a vehicle shall not back
    the same unless such movement can be made with safety and without interfering with other
    traffic.

    Unless you want to pay out of pocket, I would suggest turning it over to insurance and let them fight it out. 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

    See question 
  • In NC I was driving a friend's car hit some one in the parking lot while pulling out it looked simple damage was not reported

    the damaged car reported damage of more than $800 should it be reported and who's insurance pay

    William’s Answer

    The party found to be at fault in causing the collision will be responsible for the cost of the repairs. Unless that person wants to pay out of pocket, I would recommend turning it over to the insurance company.

    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

    See question 
  • Wife drove friends car and crashed it. Wife had full coverage but friend did not and had a lien for the car. Who is responsible?

    Happened awhile ago tried to settle but is taking her forever and now she lost the paperwork. I tried to do the right thing but now she is being dumb. Damage was $7000

    William’s Answer

    Your wife. Fortunately, she's got coverage. Unlsess your wife wants to pay the damages out of pocket, I'd report it to your auto liability insurance carrier.

    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

    See question 
  • What are the four elements of legal negligence?

    I am in a law class and I have been trying to find some information about this but all I find is references to elements of tort law. Are they the same things? If not what are the four elements of legal negligence? I thank you for any help you can ...

    William’s Answer

    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

    See question 
  • My medical insurance paid bills for an accident caused by someone else

    I had sent my insurance company a form stating the insurane company that should pay the medical bills, howerver they paid them anyway. What should I do?

    William’s Answer

    In deciding how to proceed, you need to consider several factors, including but not limited to: How much did your health insurance pay? How much did the medical provider “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 medical provider on your behalf? If your company sent you a form as mentioned above, they are fishing for info and will likely want their money back. This will impact your negotiations with the auto insurance carrier. Do the medical bills include charges for diagnostic/radiographic testing? How much? What were the results? North Carolina law changed in October 2011, as it relates to the amount of medical bills the auto liability insurance company is obligated to pay as part of the resolution of the claim. It will be reduced to the amount paid by health insurance. Are there other insurances available, such as medpay?
    I’d strongly recommend consulting with an experienced injury attorney in your area BEFORE speaking further with any insurance company. You may very well be able to handle the matter on your own, but I’d at least get a free consultation before traveling down this rocky road alone!

    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

    See question 
  • 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?

    I was in a car accident in September and went to the emergency room and have been seeing another dr for treatment since the accident. During this time the hospitol billed my health insurance company and were paid in full. I am settling now with th...

    William’s Answer

    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 were the results? North Carolina law changed in October 2011, as it relates to the amount of medical bills the auto liability insurance company is obligated to pay as part of the resolution of the claim. Are there other insurances available, such as medpay? What was the nature of your injuries that required follow up with the Dr.? What kind of doctor did you follow up with (specialist/PCP/etc.)? Is further care needed? The answers to these questions (and many more) will impact the response to your original inquiry. I’d strongly recommend consulting with an experienced injury attorney BEFORE speaking further with any insurance company. You may very well be able to handle the matter on your own, but I’d at least get a free consultation before treading these dangerous waters alone!
    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

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

    Now the insurance company is making me feel like a criminal. They are call me tomorrow for my "statement" as to what happened.. So they can determne if I am entitled to have my medical bills paid. I am 76 years old and could lose the use of my ...

    William’s Answer

    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 person in your shoes would have seen the equipment and avoided tripping/falling, then you will be deemded "contributorily negligent", and this "contributory negligence" bars your claim. (i.e. you get nothing.) In a recorded statement, the professional Walmart liability adjuster will seek to establish negligence on your part. Once they are successful, the claim will be denied. At that point, it will be too late for you to hire an attorney....(not because the claim is denied, but rather, because you've already gone on the record and provided evidence of your own negligence.) Good luck with the claim.
    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

    See question