William David Owens’s Answers

William David Owens

Raleigh Car / Auto Accident Lawyer.

Contributor Level 8
  1. What to expect after a serious car accident?

    Answered over 2 years ago.

    1. William David Owens
    2. James B. Hernan
    3. Robert Don Fink
    4. Daniel Nelson Deasy
    5. David J. McCormick
    6. ···
    7 lawyer answers

    First I'm glad everyone is doing as well as they are. To address your question: 1) Take photographs of everything. The vehicles. The scene. The skid marks. The bruises. The cuts. The scrapes. Everything. 2) Take Notes on everything. Where does it hurt. When does it hurt. How bad does it hurt. Does it prevent you from performing activities you otherwise would have performed? Everything. 3) Follow Attorney McCormick’s advice regarding medical treatment. 4) Do NOT give a...

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  2. Can I recoup loss of car and medical bill?

    Answered 10 months ago.

    1. Kenneth Love Jr.
    2. Jonathan Paul Ward
    3. William David Owens
    4. Richard P. Console
    5. Michael Scott Rothrock
    5 lawyer answers

    Under North Carolina law, if you are found to have contributed to your own injuries/damages in any way whatsoever, you are barred from recovering from the other driver by what is called your “contributory negligence”. If the insurance company denies the claim, your only choices are: 1) walk away or 2) file a lawsuit and go to Court to prove your claim. From the facts you’ve described, it sounds as though the other driver should have yielded. That would get you over the first of two hurdles;...

    3 lawyers agreed with this answer

  3. I was involved in a mva on 11/28/2012. A car made a left turn in front of my motorcycle. What can I expect in a settlement?

    Answered about 1 year ago.

    1. John M. McCabe
    2. C. Adam Barrington III
    3. William David Owens
    4. Michael Scott Rothrock
    5. Christian K. Lassen II
    6. ···
    12 lawyer answers

    I echo those statements by McCabe and Barrington above. You have a significant case, but your chances of maxing out the full UIM policies increase significantly with experienced counsel. I’m not sure on which side of the Harnett/Cumberland County line you are located, but I’ve tried multiple cases in both counties, and though it is not fair, I can tell you there will be a certain “motorcycle bias” that works against you with a jury. You need someone who is experienced in “taking the sting...

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  4. 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

    Answered about 2 years ago.

    1. William David Owens
    2. Carmen S. Giordano
    3. Elizabeth Taylor Herd
    4. George Costas Andriotis
    5. Christian K. Lassen II
    5 lawyer answers

    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

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  5. Do I need a lawyer if I was the passenger in a car accident?

    Answered almost 3 years ago.

    1. William David Owens
    2. S. David Rosenthal Esquire
    3. Bradley A. Coxe
    4. David W. Terry
    4 lawyer answers

    This may sound a little strong, but you MUST speak to an attorney BEFORE you speak any further with this insurance adjuster. In exchange for their $5K, you will be asked to sign a "Release" which releases the insurance company from further liability arising out of this incident. In other words, you only get "one bite at the apple". Once you've setttled the case, it is settled for forever. As such, if you discover months down the road that your medical expenses exceed the amount you settled...

    3 lawyers agreed with this answer

  6. What is the statue of limitations to file a claim on a personal injury MVA in 2010 and how can I get a copy of that law?

    Answered almost 3 years ago.

    1. William David Owens
    2. Michael Scott Rothrock
    3. Glenn S. Doyle
    3 lawyer answers

    Pursuant to N.C. General Statute 1-52, (http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_1/gs_1-52.html) , you have 3 years from the date of the incident to bring a claim for personal injury in North Carolina (only 2 yrs for Wrongful Death). If your lawsuit is not properly "commenced" within this time limit, it will be forever barred from recovery. Sometimes insurance adjusters send letters like the one you described in an effort to prod you along to either...

    3 lawyers agreed with this answer

  7. Is it possible to make a personal injury claim after a hit and run accident?

    Answered almost 3 years ago.

    1. Bradley A. Coxe
    2. William David Owens
    2 lawyer answers

    Mr. Coxe provided excellent advice above. I would add that, even if you do not have uninsured motorist coverage on your policy, I would not give up. Depending on your facts, you may be insured under other policies. For example, if you reside with any blood relatives who have uninsured motorist coverage on their auto policy, you may be able to recover under those policies. This is just one example. If you were injured in this collision, I would certainly recommend that you contact an...

    3 lawyers agreed with this answer

  8. Are recreational fields covered by insurance for accidental injury?

    Answered about 3 years ago.

    1. William David Owens
    2. Bradley A. Coxe
    3. Christian K. Lassen II
    3 lawyer answers

    Well, it depends. If the recreational field is owned by a private organization, they likely have insurance. Whether the policy will pay for your damages is another matter. If the property is owned by the city/county/other municipality, they may assert sovereign immunity which would bar your claim. Under NC law, in order to recover from a property owner, you must be able to prove that the property owner was negligent in causing your injuries. Under your facts, this may be a challenge. If...

    3 lawyers agreed with this answer

  9. I wan to know if I can sue the person who try ran me over and drag me a cuple feet wen he was at my property

    Answered about 3 years ago.

    1. James Jenkins Mills
    2. Sharon Griffin Scudder
    3. William David Owens
    4. Joyce J. Sweinberg
    4 lawyer answers

    In addition to the great answers by the great attorneys listed above, I would also warn you against giving any sort of statement (recorded or otherwise) to the insurance company regarding the incident until AFTER you have consulted with an attorney. Any incident that occurs the way you have described has great potential for the adjuster to attempt to deny your claim on several grounds. I would strongly suggest that you consult with an attorney asap. If you cannot find an attorney in your area...

    3 lawyers agreed with this answer

  10. Once a demand packet in a large auto accident has been sent to the insurance company, what time frame should I have a response?

    Answered over 2 years ago.

    1. Lloyd T. Kelso
    2. John Locke Milholland IV
    3. Michael Scott Rothrock
    4. Todd A Taylor
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    1) 3 months is a long time to wait for a response; however, there may be circumstances that reasonably explain the delay. In a commercial case w/ $100K in meds, the stakes can be quite high. The insurance company may be having your surgical and other records reviewed by their own expert witness to determine whether they concur with your statement that the surgery was a result of the collision. The adjuster may simply be backlogged. He/she may be waiting on authority from their manager or...

    2 lawyers agreed with this answer

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