Whiplash can be incredibly painful, so it makes sense that you’d want to pursue compensation after an accident. But what if you were responsible?
Can you claim whiplash if the accident was your fault? A motorcycle accident attorney in Charlotte, NC, answers below.
North Carolina Is a Fault-Based State
First, you must understand the difference between no-fault states and at-fault states.
In no-fault states, insurance covers medical bills, lost wages, and other accident-related expenses regardless of fault. In at-fault states, you would have to make a claim with the at-fault party’s insurance carrier to seek compensation.
North Carolina is an at-fault state. If you’re at fault for the accident, the other driver’s insurance company will not pay for your damages.
What About Personal Injury Protection Coverage?
Many states have personal injury protection (PIP) coverage, which covers medical expenses related to car accident injuries regardless of fault. Unfortunately, PIP coverage isn’t available in North Carolina.
Can You Sue If You’re Partially at Fault?
Some states allow you to recover damages through a personal injury claim even if you’re partly at fault for the accident. North Carolina is one of a few states where this is not possible.
In our state, you can’t recover damages with a whiplash claim if you’re even 1% at fault for the crash. If the accident happened in a different state, you might be able to seek compensation even if you’re 50% at fault.
MedPay May Cover Medical Costs Regardless of Fault
Can you claim whiplash if the accident was your fault? If the accident happened in North Carolina, probably not. However, if you have MedPay coverage, you may be in luck.
MedPay is similar to PIP in that it pays for accident injuries regardless of fault. The main difference is that PIP pays for lost wages, while MedPay does not.
MedPay coverage amounts typically range from $1,000 to $10,000, although it’s possible to find coverage of up to $100,000. To use MedPay, you’ll have to make a claim with your auto insurance company.
It’s important to note that you can’t purchase MedPay coverage after the accident. You must have coverage at the time of the accident for insurance to cover your medical expenses.
Health Insurance May Cover Your Medical Bills
Even if you don’t have MedPay, you probably have health insurance. You can use your insurance to cover all whiplash-related medical bills regardless of fault.
The downside is that health insurance might not fully cover your bills. For instance, if you go to the hospital, insurance might cover $1,000 while you pay the rest out of pocket. Additionally, you’ll have to meet your deductible before insurance kicks in. You might need to pay $10,000 or more if you have a high-deductible plan.
Was the Accident Really Your Fault?
Many accident victims think they’re responsible for the crash when they’re not. Just because the other driver blames you doesn’t mean you’re liable. At-fault drivers will say anything to shift the blame to you.
Never assume the accident is your fault. Instead, hire a lawyer to help you gather evidence. This is the only way to prove what happened. Below, you’ll learn about the evidence you should collect for motor vehicle accidents.
Photos of the Accident Scene
If you can, take good pictures of the accident scene right after the crash. Snap pictures of your injuries, your car, and the other driver’s vehicle.
Also, look around for anything that might have contributed to the crash. If you hit the other driver because of a broken stoplight or hidden sign, you might be able to hold the city liable.
Witness Statements
Witness statements are invaluable, so try to hunt down lingering witnesses before leaving the scene. They might tell you something very different from what the other driver says.
Accident Reconstruction Reports
Accident reconstruction reports can reveal how a crash happened in detail. Your lawyer might request a reconstruction if it’s unclear who is at fault.
Black Box Data
If your accident involved a semi-truck, your lawyer can request the truck’s black box data. The black box is a treasure trove of information that can reveal:
- The driver’s speed and direction
- Potential reckless driving
- Breaks taken (or not taken)
Unsure Whether You Have Any Recourse After an Accident? Call Us
If you’re still wondering, “Can you claim whiplash if the accident was your fault?” call Yale Haymond Law PLLC at (704) 800-HELP. We’ll fight hard to recover damages for whiplash, road rash, and other accident injuries.
