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William David Owens

William Owens’s Answers

53 total


  • Hit by drunk driver in NC.

    He was 100% at fault and I've already been paid for my totaled vehicle by his insurance company. I know that North Carolina is pretty strict with punitive damages to hold drunk drivers accountable. If the at fault driver carries a low policy limit...

    William’s Answer

    You need to speak with (and subsequently meet 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.

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  • I was hit by a drunk driver in North Carolina. He was 100% at fault.

    I don't know his policy limit, but I have 100k underinsured coverage. $10,000 in property damage already paid by his insurance company. Around 15k lost wages, and 15k in hospital bills. If I were to assume that his policy limits 100k, what kind of...

    William’s Answer

    You need to speak (and subsequently meet) 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.

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  • If you were not-at-fault in a car wreck, can you recoup things like 2 days lost wages and payment for a broken iPhone?

    If you were not-at-fault in a car wreck, can you recoup things like 2 days lost wages and payment for a broken iPhone from the other guy's insurance company? Because I'm not pressing for personal injury, just want what's fair & right after getting...

    William’s Answer

    Yes. You just need to document everything. Your employer should be able to document the time missed from work. A photo of the broken iPhone should suffice. As for your truck, you're entitled to recover the "actual cash value" of the truck if its deemed a total loss. You ask about a personal injury claim, but that would only apply if you sustained bodily injuries. If you did, you should see your physician and follow his/her orders. Thereafter, its a good idea to at least consult with an attorney. If the injuries are minimal, you may be able to handle it on your own. Spending 20-30 minutes consulting with an attorney (for free) is probably a good investment of time, to help make that decision.

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  • Is 30 thousand to small of a settlement for a broken ankle

    I had to have surgery missed school & work can't walk or put weight on my ankle have to wear this cast for 6 weeks with no idea when I will be released to go back to work the insurance company offered me thirty thousand by the way I was ran over b...

    William’s Answer

    Just because you have been in a wreck does not necessarily mean that you need a lawyer. However; if you have suffered a fracture that required surgical repair, you DEFINITELY need to at least consult with a lawyer. You should schedule a face to face consultation with an attorney ASAP. Note that I said attorney. I did not say a paralegal/case manager. I did not say an investigator. I did not say a phone call. You should meet in person with an attorney to discuss your options. Being struck by a car is a very delicate situation. If this was an intentional act, there may be limitations on the coverage available. If there is evidence that you contributed to the collision (by walking into the roadway, etc.), you may be barred from recovery altogether by NC’s outdated and very hard “contributory negligence” law. In and of themselves (contributory negligence, intentional acts, limited coverage), these are all very valid reasons not to ever give a recorded statement or interview with an insurance adjuster, unless and until you have consulted with a lawyer. As others have pointed out, you may be advised by the lawyer that, based on your facts, there is only $30K in available coverage, and if so, so be it, but you deserve to know that BEFORE you start talking to the insurance adjuster! Bottom line: Get in touch with a lawyer. Now.

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  • I was struck by a drunk driver in NC and am looking for a lawyer to file suit for medical & personal. Property has been paid.

    Drunk driver hit me in currituck county on 7/7/12. He was from VA and I was from CT. The car insurance for him and me is Geico. I allowed a lawyer in CT to work on the case and my car was promptly fixed. I have undergone an Ablasion procedure,...

    William’s Answer

    You need to get on the phone ASAP, and start interviewing personal injury litigators who have experience in ALL of the following categories: 1) Experience litigating (not settling, but litigating) wreck claims involving DWI/punitive damages; 2) Experience litigating spinal injuries involving an ablation; 3) Experience litigating across the State, specifically including OBX; 4) Experience representing out of state plaintiffs, especially as it relates to obtaining the necessary evidence/testimony from the out of state treating physicians; 5) Someone who is both admitted to practice in, and has experience practicing in federal court (Eastern District of North Carolina), given that the matter may very well be removed from Currituck County Superior Court to Federal Court, in light of the diversity of citizenship; and 6) the experience and time/ability to stop what he/she is doing and file this lawsuit ASAP (given the quickly approaching SOL). As you speak to attorneys, ask about their experience in each of the above. There are some great attorneys who are active on AVVO, and also some great attorneys who have responded to this question. Might be a good place to start. (Do not procrastinate on this. Once you get within 90 days of the SOL, the list of qualified lawyers willing to take on the case will get shorter and shorter.)

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  • 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 ?

    This young boy rearended us on a 2 lane country road with a straight of way and no one else was there at the time.He could have gone around us or slowed down to the speed limit,but he did not.He kept going til his truck gave out due to damages to ...

    William’s Answer

    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 fighting a powerful insurance company.

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

    My son was hit by a MetLife insured drunk driver, he had minor injuries but the car was a total loss. Metlife has been dragging it's feet, not covering expenses and not being cooperative when trying resolve claim. What can i do?

    William’s Answer

    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.

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  • Where in America can a driver hit someone and the insurance company lets them get away with it??

    June 6, 2014 Charlotte, NC. I was hit in the rear by a limo driver, whom was on his Bluetooth cell device & not paying attention. I was injured & hospitalized 2 days. The police report shows him being the negligent person, yet His insurance. Comp...

    William’s Answer

    Allstate is notorious for denying valid claims. If you sustained injuries and can prove that those injuries were "proximately caused" by the negligence of the other driver, you should consult with a competent, experienced injury attorney in your area. He/she may be able to convince Allstate to change their position. If not, you will have to litigate the matter. Either way, it sounds like you will need formal representation on the matter. By the way, even though the wreck occurred in Charlotte, if you reside in Rowan County, you should be able to litigate the matter there. Good Luck!

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  • DUI Car accident victim zero fault

    On April 29th 2014, I was in my car coming back from office and i got hit by a lady driving other car. she was under the influence of drug(Marijuana). In this accident my car got totaled and i suffered neck and shoulder injury. Now my treatment is...

    William’s Answer

    Rothrock and others are correct. 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.

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  • My daughters were involved in a car accident will they need legal representation with adrunken driver

    My daughters was heading to my youngest daughters wedding rehearsal when they saw a jeep flipping towards them and had no other choice but to drive off the road into an embankment. Causing them to total loss their vehicle and lots of pain in their...

    William’s Answer

    Rothrock and McCabe are both absolutely correct. 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.

    See question