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William David Owens

William Owens’s Answers

56 total


  • 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.

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  • Can I recoup loss of car and medical bill?

    Driver turned left in front of me at stoplight intersection. I say light was yellow when I entered the intersection. He says light was red and he was in the intersection. No witness stopped . His ins. is denying claim stating ours is a 1% fault...

    William’s Answer

    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; his negligence. The second hurdle is your alleged contributory negligence. The issue becomes whether or not you (or a reasonable person in your shoes) should have been able to avoid the collision. (did you have an opportunity to observe him and apply brakes, etc, etc.?) If you have previously given a recorded statement to the insurance company, that statement will likely be used against you in the litigation of your claim. This is one of the reasons I typically advise people NOT to give a recorded statement unless and until you have had a free consultation with an experienced attorney in your area. Either way, I’d suggest reaching out now for a consultation with someone in your area. Good luck!

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  • My daughter was hit by a car driven by a drunk driver.The car was registered to one female but owned by another female.

    The driver was the boyfriend of the first female.Who is liable if car was uninsured.

    William’s Answer

    I certainly hope your daughter was not injured. If she was indeed injured, and if the driver who caused the injuries was impaired by alcohol or drugs, you should NOT attempt to handle the matter on your own. Under those circumstances, she would very likely entitled to recover “punitive damages” on top of the typical “compensatory damages” (i.e. medical expenses, pain and suffering, etc.). It may not be fair, but the insurance company’s only real motivation to pay the full value of the claim is to avoid litigation. Without an attorney, your daughter cannot litigate the matter in Court. Without that pending litigation threat, the insurance company is not likely to pay the full value of the claim. I would strongly suggest that you/she not take further action until you sit down for a free face to face consultation with an experienced attorney in your area…preferably someone who has actual trial experience involving wreck cases with DWI/punitive damages.

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  • What is the process for settlements from insurance companies where their client is at fault?

    I was involved in a car accident in Dec. where a drunk driver pulled directly out in front of me and an impact was inevitable. I received treatment from a chiropractor, GP, and medical massage practitioner. When finished, his insurance offered me ...

    William’s Answer

    If the driver who caused your injuries was impaired by alcohol or drugs, you should NOT attempt to handle the matter on your own. Under these circumstances, you are very likely entitled to recover “punitive damages” on top of the typical “compensatory damages” (i.e. medical expenses, pain and suffering, etc.). It may not be fair, but the insurance company’s only real motivation to pay the full value of your claim is to avoid litigation. Without an attorney, you cannot litigate the matter in Court. Without that pending litigation threat, the insurance company is not likely to pay the full value of the claim. I would strongly suggest that you not take further action until you sit down for a face to face consultation with an experienced attorney in your area…preferably someone who has actual trial experience involving wreck cases with DWI/punitive damages.

    Let me also add this: On an almost daily basis, I find myself telling a potential client something along the lines of: “Just because you have been in a wreck, does not necessarily mean that you need an attorney to represent you….in some circumstances, after a diligent consultation with a qualified attorney, you may learn that you are best suited to just handle the matter on your own.” However, a case involving an “at fault” driver who was DWI is a BIG EXCEPTION to this rule. If the "at fault" driver in your case was drunk (or otherwise impaired), you need an attorney. Period.

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  • Involved in a head on motorcycle accident. Am I entitled to money above property damage and medical bills? Haven't settled.

    I was driving my motorcycle when a car turned in-front of me. We hit head on in my lane. It was his fault and his insurance has accepted liability. I am still in pain in my ankles and a private area. Am I entitled to more than just reimbursement f...

    William’s Answer

    I echo the other comments, in that you really need to sit down with a qualified injury attorney before taking further action. Good luck with your claim. You may also want to check out the responses to the previous motorcycle specific avvo.com question.
    http://www.avvo.com/legal-answers/i-was-involved-in-a-mva-on-11-28-2012--a-car-made--1580033.html#answer_3437309

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  • How do I Calculate the Diminished value of my Car after accident? I live in North Carolina

    I live in New Carolina, and I recently was in a minor car accident in which the other driver is 100% at fault. I brought my car brand new (2013) last July.. How do I calculate the Diminished value on my car? So I can make sure the claims adjuster ...

    William’s Answer

    • Selected as best answer

    The language below is a portion of the Pattern Jury Instructions that Judge would read to the jury in a trial of a case involving a Diminished Value Claim:

    N.C.P.I. MV 106.62 Property Damages - Diminution in Market Value:
    "The plaintiff's actual property damages are equal to the difference between the fair market value of the property immediately before it was damaged and its fair market value immediately after it was damaged. The fair market value of any property is the amount which would be agreed upon as a fair price by an owner who wishes to sell, but is not compelled to do so, and a buyer who wishes to buy, but is not compelled to do so."

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  • I was hit in an auto accident by company owned vehicle.

    I was hit by a rent A Center truck attempting to merge into traffic from a resting position in the median. The driver of the company vehicle was given a citation for reckless driving and hundred percent at fault. I was also in my company vehicle g...

    William’s Answer

    Short Answer: Lots of folks, including but NOT limited to 1) Rent-A-Center, 2) Rent-A-Center's driver, 3) your employer's worker's compensation carrier. Claims involving commercial insurance carriers can get quite complicated. Claims involving commercial insurance carriers and the interplay with worker's compensation claims (including N.C.G.S. 97-10.2(j)) are even more complicated. If you were injured, BEFORE you do anything else, I would strongly suggest sitting down with an experienced injury attorney in your area for a FREE consultation. You're going to get a mailbox full of solicitations from attorneys/firms. Do your homework (online) and sit down with someone face to face to determine your best plan of attack.

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  • I WRECKED IN SNOWSTORM I HIT A BANK ,WILL MY INS COMPANY PAY FOR MED BILLS?

    No other car involved

    William’s Answer

    Pull a copy of your policy (or policies if applicable) and check your declarations page to see if you have "Medical Payments" coverage a.k.a. "Medpay". The company will pay your medical bills up to the amount of coverage you have. Medpay is an optional coverage that is not included on every policy in NC. It is often sold in increments of $500, $1K, or $5K.

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