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William David Owens

William Owens’s Answers

56 total

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

    from the back of curb to the corner of my house and destroys my yardlights and hit my vehicles am I entitled to some type of compensation

    William’s Answer

    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 documentation.

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  • 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?

    Injuries include: 5 broken ribs, broke scapula, Punctured lung,pneumothorax, bruised liver, fractured hip and thumb. I also had minor abrasions to both knees. I was transported by ambulance and spent 11 days in the hospital. I went through a ser...

    William’s Answer

    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 out” of that bias. Fortunately, given the UIM coverage available, you can most likely resolve your case by way of binding arbitration (before a panel of 3 attorneys), as opposed to a jury trial before 12 jurors.

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  • What are the North Carolina laws concerning stacking insurance policies.

    I was injured in an accident with an uninsured driver; I was a passenger with a friend. I got a lawyer and have already settled with my friends insurance. I remembered from a previous accident that if the uninsured driver lived with someone else t...

    William’s Answer

    The stacking of uninsured motorist (UM) polices in North Carolina is controlled by N.C. Gen. Stat. 20-279, the applicable caselaw interpreting the statute, and the language of the individual policies themselves. Practically speaking, stacking issues are controlled by the facts of the collision themselves, as well as a determination as to who is deemed “an insured” on the various policies. Either way, it can get quite confusing and is something that should be handled and addressed by your attorney. I would strongly advise against attempting to tackle a stacking issue without the benefit of representation and/or at least consultation with an experienced UM/PI Attorney in your area. I state this for a lot of reasons, not the least of which is that settling one claim without properly notifying and/or coordinating the claims on the other policies may prejudice your right to fully recover on the “excess” UM policies. If you have an attorney, I recommend scheduling a face-to-face meeting with him/her to get full understanding of the legal and factual issues involved.
    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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  • 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

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  • 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

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  • 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

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  • 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

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  • 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

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  • 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

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  • 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