SEARCH FOR Health Insurance Agents
Plan Type:
Your State:
Find Agents

North Carolina Health Insurance News

Imagine that you were in a dreadful car crash. Not only was there wide possessions harm to your vehicle, but you also suffered harsh injuries and have thousands of dollars in voluntary medical bills to prove it. In an effort to get back your losses from the insurance company of the driver who strike you, you file a personal injury claim. While there is some query about whether the other driver is 100% at responsibility, you are sure that he is at least partially guilty for your losses.

The court, however, disagrees and finds you communal mistake – 10% of it – for causing the mishap. While this is not what you required to hear, it is not the most horrible news because you will still obtain something, right?

In most states, yes, you would. In North Carolina, however, you would obtain nothing.

Contributory Negligence

Unlike the preponderance of states, North Carolina health insurance follows an aged ordinary law rule in tort cases known as causal carelessness. Under this law, whenever a person is found to share any liability at all for his or her injuries, the person is banned from getting better compensation for those injuries. This means that if a applicant in a personal injury act is establish to be even as small as 1% at responsibility, then the plaintiff will obtain nothing from the defendant, in spite of the fact that the defendant motionless is 99% at fault for the plaintiff’s injuries.

Under state law, causal neglect is an assenting defense to personal injury lawsuits. In other terms, the defendant has the load of proving that the plaintiff’s possess events or in actions were a nearby cause of the plaintiff’s injuries.

While it surely is additional helpful for the insurance industry if North Carolina remains a contributory negligence state, it is not additional helpful for injured people. The majority of states no longer have causal negligence rules because their state legislatures properly strong-minded that these systems unjustly favor wrongdoers and cruelly chastise injured wounded.

This entry was posted on Monday, August 16th, 2010 at 9:09 am and is filed under Health Insurance. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Leave a Reply

Captcha Captcha Reload