Legal Question in Insurance Law in North Carolina

I was driving home from work and a 9yo girl came out in front of me riding a motorized toy vespa. I slammed on brakes but she still was hit and injured. Trooper said it was not my fault and I did everything I could do to avoid the accident. Total responsibility belonged to the child. She will recover. But who should pay for damages to my car? Should I have to pay insurance deductible or is the girls parents responsible?

Asked on 6/16/10, 6:59 am

1 Answer from Attorneys

NC is a contributory negligence state. That means that neither of you can recover from the other if you or her are at in any way at fault. Fault can only really be decided by the jury after hearing all the evidence. Of course, if she tries to sue you, you can counterclaim against her for the property damage and vice-a-versa. Either of you have 3 years from the date of the accident to sue the other. The Trooper is only concerned with crime and criminal offenses. He did not see the accident and his opinion does not really count as to fault. If it were me, I would leave it alone, but you could try speaking to the girl's parents. If they and you do agree, then hire an attorneyh to draft a mutual release of all claims so that you do not have to worry about being sued in the future.

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Answered on 6/16/10, 10:52 am

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