Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Curcio Anderson Law

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Curcio Anderson Law

Statement taken out of context leads to denied insurance claim

On Behalf of | Sep 11, 2021 | Personal Injury |

Having insurance coverage is a necessary part of driving a vehicle. In the event of a car accident, insurance companies could cover at least a portion of the resulting damages, including vehicle repairs and medical expenses incurred due to injuries. Unfortunately, because North Carolina is an at-fault state, it could be possible for an insurer to deny a person’s claim if the company believes the claimant contributed to the incident.

This type of ordeal recently affected one driver after being involved in a collision. According to reports, the man’s vehicle was hit in a parking lot by another driver, which caused damage that needed to be repaired. However, when speaking with the insurance company, the man was asked whether he could have moved his vehicle out of the way. The man indicated that while he could have moved, the other vehicle would have still struck his vehicle, or he would have hit another vehicle or pedestrian.

Unfortunately, that statement was used against him in the following ways:

  • Though the police report indicated that the other driver was at fault for the incident, the insurance company considered the man partially at fault because he could have moved his vehicle.
  • Because the company deemed him partially at fault, his insurance claim was denied.
  • The man believed that his statement was taken out of context to justify the insurer not paying.

Incidents like this are not unusual in no-fault states, and as this case shows, an insurer could take a simple statement and twist it in a way so as not to pay. In cases, where serious injuries result from a car accident and an insurance company denies the claim, victims could be left in a dire financial predicament. As a result, North Carolina residents who are involved in a collision may want to consider letting their legal counsel speak with the insurance company to avoid inadvertently providing evidence for the insurer to unjustly deny a claim.