Tag: driving

What You Need to Know about License Suspension and Revocation

Written by kwmlaw on May 25, 2023. Posted in Kelly & West News.

Driving is something most of us take for granted. However, North Carolina recognizes driving as a privilege, not a right. “If you abuse it, you may lose it,” as the DMV says.

Losing your license can be a result of one or multiple offenses, some not even traffic-related. You may lose your driving privileges in one of two ways: having your license suspended or revoked. More severe offenses or repeated violations may lead to license revocation.

What is the Difference Between License Suspension and License Revocation?

A suspension means that your driving privileges have been temporarily halted for a specific period. Your license may be reinstated after fulfilling all terms of your suspension, and then you can apply for a new one.

A revocation means that your driving privileges have been terminated. You can’t get your license back until you pass all tests and complete any other requirements. You may later re-apply, but the state may deny your application for several reasons.

Traffic Offenses

The following is an incomplete list of traffic violations resulting in license suspension or revocation:

Driving after consuming alcohol under age 21
Speeding over 15 mph over if the speed limit is 55 mph or more
Two convictions of speeding more than 55 mph in one year
Speeding more than 55 mph and reckless driving
Manslaughter by motor vehicle
Assault by motor vehicle
Conviction of a moving violation while license is revoked
Refusal to submit to blood/breath test
Aid and abet DWI or DWLR
Two traffic citations within one year for a provisional license
Three or more moving violations within one year
Accumulation of traffic points
Driving under the influence of alcohol or drugs
Driving with a suspended license
Use of altered/false license plates
Speeding to elude
Hit and run
Street racing and speeding
Failure to appear or pay court fees

Non-Traffic Offenses

You may have your license revoked due to non-traffic related offenses as well. Having your license revoked due to a non-traffic offense is often up to the judge’s discretion. The following are common violations that may lead to a license suspension or revocation:

Non-DUI alcohol or drug-related offenses
Not paying automobile insurance
Failure to appear or pay court fees
Failure to pay child support
Dropping out of high school
Medically or mentally unfit to drive
A second conviction of possession of an open container

How To Get Your License Back

License revocation and suspension may be settled with or without a hearing. Not all violations require a hearing.

If you are granted your license after a hearing, you will have to follow specific terms and conditions. If you don’t have to go to court, or your hearing didn’t go in your favor, you may be allowed to apply for another license after your suspension period. The state will decide if you are eligible to drive again.

Once you have completed all requirements and your suspension time has ended, you will be eligible to apply for another license. Make sure you have all of the required documents, including proof of identity and insurance. You will also have to pay fees, including restoration and service fees, as well as DWI reinstatement fees, if applicable. These payments are separate from DMV and court costs, and the expense of purchasing a new license.

Do you need help with your license suspension or revocation? Contact the attorneys at Kelly & West so we can answer your questions.

What Your Insurance Agent May Not Be Telling You About Your Uninsured & Underinsured Motorist Policy

Written by kwmlaw on May 12, 2022. Posted in Kelly & West News.

What happens if you are injured in an auto accident, but the other driver, who caused the accident, doesn’t have enough liability coverage — or any auto insurance— and can’t pay for your injuries? You are not out of luck: your insurance company should help you. When your uninsured/underinsured motorist coverage applies and should help compensate you for your injuries.

What is Uninsured Motorist (UM) Coverage?

An uninsured motorist (UM) policy provides that you and your passengers will receive compensation for injuries caused by a negligent, uninsured driver. It is found to some degree in most U.S. automobile insurance policies. UM, coverage is generally mandated by statute, up to $30,000 per person and $60,000 per accident for any bodily injury or property damage coverage policy. It will pay for your injuries if the other driver is uninsured and legally responsible for the accident.

What is Underinsured Motorist (UIM) Coverage?

An underinsured motorist (UIM) policy provides that a covered person will receive compensation due to an injury caused by a negligent, underinsured driver. UIM coverage will apply and provide additional payment if the responsible driver has liability coverage but not enough to compensate for your bills associated with such injuries.

Why is it important?

In the case of an accident, you and your passengers need to be protected against the negligent motorist. North Carolina requires that all drivers carry uninsured (UM) coverage only and then only up to $30,000 per person, $60,000 per accident. So while you have at least some protection, this is often not nearly enough coverage. We recommend that you have $1 million of UM/UIM coverage on your policy to protect you and anyone riding with you.

What does UM/UIM coverage pay for?

You can benefit from your UM/UIM policy and receive compensation for such things as the following:

Medical bills
Lost wages
Pain and suffering

Who qualifies as a UM/UIM?

The negligent driver may be considered an “uninsured motorist” if they do not have liability coverage or have not been paying their premiums, and therefore, their policy has lapsed. The negligent driver may be considered an “underinsured motorist” if they don’t have enough liability coverage to compensate for your or your passengers’ injuries.

How does your UM/UIM coverage work?

Say you are in an accident and your leg is broken. Your medical bills alone are $40,000, and the driver at fault is an uninsured or underinsured motorist. You will need to file a claim under the UM/UIM section of your policy to receive compensation. Your insurance company will be responsible for paying for your injuries, up to the amount of your UM/UIM coverage. The amount of UM/UIM coverage varies, which means your insurance company may not pay for the whole lump sum. In North Carolina, UM/UIM coverage generally comes in the following amounts, but the amount offered may differ depending on the insurance company providing range:

30/60 – $30,000 per person/ $60,000 per accident
50/100 – $50,000 per person/$100,000 per accident
100/300 – $100,000 per person/$300,000 per accident
250/500 – $250,000 per person/$500,000 per accident
$1 million – $1,000,000 per person or accident

If your policy provides 30/60 coverage in the above scenario, you would only be compensated for $30,000 and left with a debt of $10,000 that you may have to pay yourself. We advise that you carry $1 million of UM/UIM coverage to ensure as much protection as possible for yourself and your family. You will be surprised how little $1 million of UM/UIM coverage costs, especially when compared to the benefit of having this amount of protection should you need it.

If you have questions about what is best for you and your family, do not hesitate to contact us. Being injured and worried about your medical bills and lost wages can be a headache. We may be able to help you receive just compensation from your insurance company or give you advice about what to do next in your case. Call or visit our website today for a free consultation, and let Kelly & West protect you.

Prayer for Judgement in North Carolina

Written by kwmlaw on January 17, 2022. Posted in Kelly & West News.

If you’ve ever been in a North Carolina court, you may have heard of something called a Prayer for Judgment Continued (PJC). When a PJC is granted by the judge, it is a small act of “mercy” from a conviction and resulting fines, but it is not a release without any possible adverse effects.

What is a Prayer for Judgement?

A PJC can be used by a North Carolina resident to reduce the impacts of a traffic violation. Essentially, when a defendant driver uses a PJC, it means that he or she pleads guilty, with the understanding that the conviction is not considered “final” but is continued until an undetermined time. This can be a “win” situation for the driver; however, there are restrictions and consequences to take into consideration when using a PJC.

When Can You Use a Prayer for Judgement?

A PJC can be used when trying to avoid points being added to your driving record or insurance record and sometimes to keep a “moving violation” plea from revoking your driver’s license. It is typically used when a driver does not have a viable defense but wants to avoid some of the consequences of the charges. However, if you have to pay a fine in addition to court costs the PJC has no effect and is treated as a conviction.

In North Carolina, the DMV can recognize two PJCs within five years without any points being added to your driving record. Although you are not convicted of the crime, it will still appear on your criminal history, and most employers treat a PJC as a conviction.

Insurance companies will allow one PJC every three years per household (all drivers on the same insurance policy) without any increase in premiums.

When Can’t You Use a PJC?

A PJC cannot be used for any charge against a driver with a commercial license or by any driver charged with DWI, passing a stopped school bus, or speeding in excess of 25 mph over the speed limit.

Additionally, if you are granted a third PJC within your five-year time frame, DMV will not consider the PJC and it will be a plea of guilty.

Is a PJC right for you?

Because of the limitations and possible consequences of a PJC, you should consult with an attorney before deciding whether it’s your best action. It may be wise not to use all of your PJCs within the given time frame or to use in a case where no PJC was needed. In most cases, an attorney can negotiate your traffic ticket to a lesser plea even when using a PJC.

Contact us if you would like a free consultation regarding your traffic case.

How Can I Get My Driving Record Points Reduced?

Written by kwmlaw on December 2, 2021. Posted in Kelly & West News.

You may think that getting a speeding ticket or violating a traffic law isn’t a big deal, but it is! You receive driver’s license points for violating these laws that are considered a “moving violation.” Your points can add up and result in major consequences for your driving privileges including revocation. Here is how the system works:

Driving Points
The North Carolina DMV keeps track of your traffic violations. Your driving record will accumulate points based on a scale of previous traffic offenses and the severity of your violation. Wondering which offenses rack up your points? You will receive driving record points for the following (but not limited to):

Speeding
Illegal passing
Running red lights
Reckless driving
Following too closely
Any violation that is classified as a “moving violation”

You should consult with an experienced traffic law attorney such as those at Kelly and West before pleading to any traffic violation. The best way to reduce points to begin with.

If you are in the habit of receiving multiple points for traffic violations, you should know that 12 points within a period of 3 years will result in a driver’s license suspension. Also certain combinations of convictions result in suspension even without the 12 point accumulation, i.e., two speeding tickets in excess of 55 mph in one year. An experienced traffic law attorney knows what these combinations are and their effect. Once your license is reinstated, only 8 points are required for another suspension.

How to Reduce Points
Although the system is fairly complicated, there are ways of getting your points reduced. Acquiring 7 points on your record will result in optional defensive driving courses. You can instead take these courses voluntarily before you reach that point. The course completion will remove 3 points but you must have a conference NCDMV hearing officer to see if you qualify.

Take the Correct Course
In North Carolina, there are two different kinds of courses. There is a 4-hour course and an 8-hour course. The amount of hours is dependent on your violation. Check with us, contact the course provider directly, or go to the NCDMV website to make sure you are signed up for the course that is going to be most beneficial to your situation.

What will you learn in these courses?
The general curriculum of defensive driving courses include:

Motivation behind effective driving skills
Driver improvement training
Updated NC traffic laws and point system
The latest research about drug impairment and its effect on your driving
How to embrace a safer style of commuting

Again, the best way to keep your points down is to get advice before you enter any plea, and Kelly and West can give you that advice. We want to make sure you are making the best decision for your future and driving record.

Motorcycle and Car Accidents: How Are They Different?

Written by kwmlaw on June 24, 2021. Posted in Kelly & West News.

All drivers on the road, whether on a motorcycle or in a car, are required to follow the same traffic laws. However, the legal outcomes of an accident can differ depending on the vehicle.

If you were in a motorcycle accident, you may think that your case would be handled the same way as if it were a car, but there are significant differences that mean you may deserve more than what you think. For example, the driver of the car may be at least partially liable because cars have more safety advantages over motorcycles.

Here are other differences between motorcycle accidents and car accidents that many jurors and insurance agents will not know. A good motorcycle accident attorney will help educate and advocate for you.

Many people who do not own or ride motorcycles may perceive those who do as daredevils or dangerous. An experienced attorney will inform the jury of your actions, as a rider, to take precautions and drive safely.
An attorney can also educate the jury about actions you took during an accident that may look wrong to a car driver, such as laying the motorcycle down.
Motorcycles are more difficult to see because they are significantly smaller than a car. Because of this, a driver of a car may not see a motorcyclist when turning or merging into another lane.
There are hazards on the road that are more dangerous for motorcyclists. For example, potholes, slick roads, and debris can mean life or death for someone on a motorcycle, but may not have as much effect in a car.
Fender benders are common among car accidents, but even a “tap” can seriously injure a motorcyclist if hit from behind. In fact, cars take longer to stop than motorcycles do, so if someone is driving too close to the back of a motorcyclist, then that could mean negligence on the car driver’s part.
There are fewer safety precautions for a motorcycle than cars. Because of this, injuries from a motorcycle accident can be more serious, take longer to heal and keep you out of work longer than a car accident. Read these safety tips to cover how you can stay safe on the road.

Having an attorney familiar with laws regarding motorcycle accidents means that you can rely on someone that is familiar with what applies and how these accidents are different from car accidents.

Our firm has more than 35 years of experience. If you were in a motorcycle accident, contact us. We can help you understand your options and make sure you receive the compensation you deserve.

What’s the Difference Between a DWI and a DUI?

Written by kwmlaw on May 13, 2021. Posted in Kelly & West News.

A person arrested on charges of a DUI or DWI will face severe legal reciprocations. While the two terms look similar, their meanings are slightly different:

DWI: Driving while intoxicated.

DUI: Driving under the influence.

Some states also use two terms to differentiate between alcohol-impaired or drug-impaired driving. In these areas, a DUI refers specifically to a person under the influence of drugs.

North Carolina residents no longer have to worry about recognizing the difference between the two; the North Carolina Safe Roads Act of 1983 removed the previous drug- and alcohol-specific driving laws and grouped them all into the single offense of driving while impaired, or DWI.

Under North Carolina legislation, any blood alcohol concentration (BAC) over 0.08 percent is considered unfit to drive. For drivers under age 21, any alcohol concentration is deemed illegal.

Driving while impaired isn’t the only alcohol-related offense; transporting alcohol can cause a violation, too. According to the North Carolina General Assembly, state law also prohibits:

Having an open container in the vehicle if the driver is or has been consuming alcohol.
Having an open or closed container in the passenger area of a commercial motor vehicle.
Helping someone younger than 21 years old obtain alcohol. This includes buying or giving them alcohol or lending an ID so they can buy alcohol.

The penalties for a DWI or other alcohol-related offenses can include fines, community service, higher car insurance rates, license suspension/revocation, or even jail time.

How to Avoid a DUI/DWI

By making smart choices, it’s easy to avoid receiving a DWI. By being a smart driver, you’ll help ensure that you, your passengers, and other drivers on the road safely arrive at your destinations.

If you know you’ll be drinking at an upcoming event or destination, be sure to plan a safe ride home in advance. This could be via a “designated driver” (a friend who is responsible for remaining sober to drive the group home), a taxi, or another transit choice. If you have the option, you can also choose to stay in the same location overnight and avoid driving at all!

If you do plan to drink and drive, make sure you know your body’s limits and stick to them. To better understand how your body processes alcohol, you can use a BAC level chart or BAC calculator. While these resources are helpful tools to understand the effects of alcohol on your body, they are only estimates and should not be considered accurate. Only you can know how your body reacts to alcohol consumption, and how many drinks you can consume safely. However, in any situation, it is best to allow a non-drinking driver to take the wheel.

If you have further questions regarding a DUI or DWI, the Kelly & West team is happy to assist you.

Skip the Speeding Ticket: 9 Tips for Safe Driving and 9 Tips for Driving in Winter Weather

Written by kwmlaw on December 10, 2020. Posted in Kelly & West News.

Driving seems like second nature sometimes. Mindlessly driving the same route every day can be dangerous, and when we get too comfortable, accidents can happen. Over time, we forget about the rules and tips we learned back in driver’s education and let memory and habit take over.

Avoid speeding tickets, DWIs, and other traffic violations. Resolve to be a more attentive driver and follow these tips to get where you’re going safely.

Everyday Driving Tips:

ALWAYS WEAR YOUR SEATBELT.
Follow speed limits and signs. They are there for a reason.
Keep your eyes moving by checking your mirrors and surrounding every 6-8 seconds. Moving your eyes can keep you attentive and aware of your surroundings.
Always use your turn signal.
Keep at least 4 seconds between you and other vehicles to allow enough space for stopping.
When you increase your speed, also remember to increase your braking distance. When your speed increases, so does the needed length for safe braking.
Always have your headlights on when the windshield wipers are on. It’s a law in North Carolina.
Keep an emergency kit (first aid, seatbelt cutter, glass breaker, blanket, poncho, etc.) in the car at all times.
Never drive under the influence of alcohol for your safety and the safety of those around you.

Winter Weather Driving Tips:

Never warm up your car in a garage or enclosed area.
Keep your gas tank at least half full in case of freezing.
Do not use the cruise control on slippery surfaces (rain, snow, ice).
Try to avoid using your parking brake in the cold, rain, or snow.
If snowing, increase your distance between cars to 8-10 seconds.
Make sure your windshield wiper reservoir is full. Use high quality “no-freeze” fluid.
Clear snow and ice off your car completely before driving.
Reduce your speed when driving in snow or ice. Speed limits are meant for dry roads, so alter according to the condition of the road.
Accelerate slowly to reduce the risk of hydroplaning.

Following these driving tips can help ensure your safety when getting from point A to point B. It is essential to keep the winter weather driving tips in mind as snow and ice season approaches in North Carolina. On behalf of the attorneys at Kelly & West, we hope you have a safe winter season!

Uninsured Motorist Policy: Why It Pays To Have One

Written by kwmlaw on February 13, 2019. Posted in Kelly & West News.

If you’re in a crash caused by an uninsured driver or you’re involved in a hit-and-run crash, it pays to have an uninsured motorist policy. Uninsured motorist coverage, or UM, helps you pay for damages, including injuries you or your passengers suffer, caused by a driver who doesn’t have car insurance.

Americans are driving more and more. Meanwhile, the percentage of uninsured drivers is crawling upward. Did you know 1 in 8 or about 13 percent of drivers are uninsured? Crashes, injuries, and fatalities all saw at least a 4 percent increase in North Carolina from previous years.

The possibility of being hit by an uninsured motorist is a very real concern. While collision coverage will likely pay for damage to your car if an uninsured driver hits it, your claim check will likely be reduced by the amount of your collision deductible. Health insurance will also pay for medical treatment after a car wreck, but again, it depends on your policy. It’s unwise to wait for an accident or emergency to worry about who and how everything will be paid for.

Cost of a Car Accident
Wondering how much a car accident will cost? Of course, it depends on the damage, but here are some averages that may help:

A windshield replacement ranges from $200 to $900.
A damaged bumper ranges from repair to replacement and will cost anywhere from $400 to $1,500.
Typical dents and dings cost about $50 and $150, but accident damage will likely be thousands of dollars.
Labor costs range between $75 and $150 per hour, which means labor alone can significantly inflate the cost of auto body repair.
The average auto liability claim for property damage was $3,231.
The average auto liability claim for bodily injury was $15,443.
Americans spend more than 1 million days in the hospital each year from crash injuries.
On average, each crash-related emergency department visit costs an individual about $3,300.
ER visits that lead to hospitalization cost about $57,000 over a person’s lifetime.

Uninsured Motorist Policy Requirements in North Carolina

North Carolina requires drivers to have uninsured motorist bodily injury coverage (UMBI) as well as uninsured motorist property damage (UMPD). While this may seem like an inconvenience, it’s actually a proactive way to protect yourself, your passengers, and your property. These are relatively minor costs compared with the extensive repair or medical bills from the result of a crash. Anywhere from 20-50 million people are injured or disabled as a result of car accidents each year.

Opting into an uninsured motorist policy doesn’t drastically increase your overall bill and think about it: if an uninsured driver isn’t paying for insurance, do you think he or she will be able to cover damages after an accident? Probably not. NerdWallet analyzed car insurance rates in several states for 30-year-old motorists with clean driving records. They found that California had the highest rate increase after adding these coverage options, roughly $9 per month and Illinois had the cheapest, at around $3 extra per month.

If you think you’re a great driver and an accident will never happen to you, think again. There are a host of reasons why automobile accidents happen every day. Most accidents are caused by distracted, intoxicated, and hurried drivers. Just because you are a great driver does not mean you are able to avoid the 250,000+ accidents that happen in our state each year alone. You actually have a likelihood of being involved in four car accidents over the course of your life.

Main Causes of North Carolina Crashes

Consuming alcohol or drugs
Reckless driving
Improperly changing lanes
Lane departures
Overcorrecting
Crossing the centerline
Distracted driving
Tailgating
Improper turns
Failing to yield the right of way
Disregarding traffic signs

Most Recent North Carolina Traffic Crash Statistics

1,441 persons killed per year
130,137 persons injured per year
267,494 traffic crashes reported per year
Out-of-state drivers were involved in 6.6 percent of all reported crashes

Uninsured motorist coverage is mandatory in North Carolina for limits of $30,000. There is hardly a week that goes by that we do not have clients that do not have a desperate need for uninsured motorist coverage and/or underinsured motorist coverage. We recommend to all our clients that they purchase $1 million of combined uninsured motorist coverage and underinsured motorist coverage. The cost of the premium is very reasonable for $1 million of coverage. That way you are protected whether the responsible driver has no insurance or simply does not have enough insurance. Either way, you and your family would then be protected up to $1 million for your injuries, death, or damages. Being involved in an automobile accident is stressful enough. Before the inevitable happens, make sure you’re properly covered.

Why It’s Time to Talk About Creating an Advanced Driving Directive

Written by kwmlaw on March 28, 2017. Posted in Kelly & West News.

According to a study by AAA, accidents increase after the age of 65, and fatal accidents, in
particular, are more likely to occur after 75. For the sake of both the aging driver and others on the road, it is paramount that you sit down now and discuss what to do if and when it’s time for a member of the family to put down the keys, and who will be in charge of leading that talk.

When to give up the keys is a tough conversation. Family members struggle to determine whose “place” it is to say something. But in the same way that you would plan for your estate, it’s also a good idea to plan for this type of situation.

Advanced Driving Directive
To help your family figure out a plan, you can use an advance driving directive. The purpose of this document is for the driver to name the person that he/she wants to initiate the discussion about whether to continue driving or not when the time is right.

This document may sound like a medical power of attorney, which transfers the actual decision-making powers. But an advance driving directive document does not appoint anyone to make the final “cease-driving” decision for the driver. Instead, this paper names someone whom the driver would like to have broach this touchy subject.

Whom to Choose
For some that could be a spouse, sibling, adult child or a long-time friend. While it’s important to note that an advance driving directive has no actual legal significance, and isn’t likely to be enforceable in court, it can be extremely useful and makes an awkward conversation that much easier.

What to Include
Before anyone starts handing over car keys, it’s important that an advanced driving directive spells out clearly all the driver’s wishes so loved ones can do their best to help. Here are a few things to consider including:

Ask that all other available options are explored before taking your keys.
Make it clear you want to maintain your mobility once you can no longer drive.
Should you have problems coping with your loss of mobility ask your loved ones for help in finding a qualified therapist to help you deal with your pain.
Most importantly, be sure they know whom you want to address these issues with you, when and if the time comes.

At Kelly and West, we pride ourselves on protecting you and what you hold dear. Helping you plan for driving in your advanced years is part of that mission. Use this helpful Advanced Driving Directive template to prepare, or contact us for more help.

Consequences Of Passing A Stopped School Bus

Written by kwmlaw on September 6, 2016. Posted in Kelly & West News.

It’s that time of year again – kids are going back to school and roads are becoming more congested. School buses are on the road, picking up and dropping off students. Passing a stopped school bus is against the law in North Carolina. Do you know when to stop for a stopped school bus and when it’s OK to keep driving?

We sometimes forget how serious this issue is in our busy lives, but you should not take stopped school buses lightly. Driving safely is always important, but never more so than when children are involved.

Did you know? Passing a stopped school bus has greater consequences than passing a stop sign or running a red light.

Be Aware
It is imperative that you recognize when a school bus is going to stop. Of course you can watch out for the swing-out blinking stop sign, but there are other ways to determine whether or not a school bus will stop. First, pay attention to your area, and note any neighborhoods or subdivisions along your route. Also, look for any possibilities of the school bus having to make a stop due to traffic, weather, or other causes.

When to Stop for a School Bus
Whether you are following the school bus, or driving in the opposite direction, you must bring your vehicle to a complete stop when a school bus is receiving or discharging passengers. You do this when you are:

Driving on a two-lane roadway
Driving on a two-lane roadway with a center turning lane
Driving on a four-lane roadway without a median

You may be allowed to continue driving if you are going in the opposing direction of the school bus, but if — and only if — you are:

Driving on a divided highway of four lanes or more, with a median separation
Driving on a roadway of four lanes or more, with a center turning lane

What will happen if you break the stopped school bus law?
If you are found guilty of passing a stopped school bus, the minimum fine is $500 and you will receive 5 points on your driver’s license.

More importantly, if you strike a child, you are guilty of a Class I felony, with a fine of $1,250 and a driver’s license suspension for two years. If the child dies, you are guilty of a Class H felony, with a minimum $2,500 fine and license suspension of three years.

If you accumulate enough points on your driver’s license, you may:

Be required to take a improvement or defensive driving course
Receive a driver’s license suspension, revocation, or cancellation
Receive a driver’s license restriction
Owe fees and fines to North Carolina DMV

What about running a red light or stop sign?
Passing a stopped school bus is more serious than either of these two. If you are found guilty of running a red light or stop sign, you will be issued a fine of $100 (typically) and receive 3 points on your driver’s license.

Please drive safely.
In order to protect all drivers and pedestrians in our community, remember to be safe. Always keep 10 feet between your vehicle and any school bus. Make sure you stay alert and pay attention to the signs of a stopping school bus. Children can be unpredictable, and you will have to deal with serious consequences if found guilty.

If you have questions about the subject or need legal advice, don’t hesitate to contact us at 910-893-8183.

Clearing Up Confusion About Auto Insurance

Written by kwmlaw on April 19, 2016. Posted in Kelly & West News.

Auto insurance is required in North Carolina, but are you aware of the minimum requirements? What your options are or how it works?

Choosing auto insurance — or even knowing what to choose! — is a difficult process, but at Kelly and West we want to make it easy for you. We’ve seen what happens to good people who think they have coverage, but find out after a car accident they don’t have everything they need. Here is what you should know:

Minimum Insurance
In North Carolina there are a few types of auto insurance required for everyone who owns a car:

● Minimum of $30,000 injury liability per person per accident

● Minimum of $60,000 injury liability total per accident

● Minimum of $25,000 property damage per accident

● Uninsured motorist coverage of $30,000

North Carolina does not require you to have collision and comprehensive coverage, but if you are paying off a loan or leasing your car, the finance company or bank WILL require collision and comprehensive coverage.

Photo credit: orangesky3 via VisualHunt / CC BY

How Insurance Works
While it is mandatory to buy liability coverage in North Carolina, extra coverage is also available. A lot of people skip the extra coverage to save money, even though for a few extra dollars the extra coverage could help pay for medical bills, pain and suffering, repairs to the vehicle, rental cars, and loss of income due to the accident.

Extra coverage could include:
● Comprehensive Coverage – No collision. Anything that could happen to your car that is not directly involved in a collision with another moving vehicle. Some examples are a broken windshield or vandalism.

● Uninsured or Underinsured Coverage – The other person involved in the accident does not have insurance or does not have enough insurance to cover the bills associated with the accident or the total value of your claim. North Carolina’s minimum requirement is often not enough to cover all expenses after an accident.

● Medical Payments Coverage – Medical payments coverage is not required, but should be considered. This coverage provides reimbursement to you for medical expenses following an accident no matter who is at fault. The only requirement is that you personally have or you are in a car of a person who has medical payments coverage. This coverage is normally reasonably priced and can prove beneficial because it provides money while recovering from an accident.

How Much to Buy
It is easy to choose the minimum coverage amounts required by law, but those amounts are not recommended. At Kelly and West we recommend:

● $1 million per person combined uninsured/underinsured motorist coverage

● At least $50,000 per person injury liability

● $100,000 per accident liability

● $25,000 medical coverage (It is better to go higher if you can afford because medical bills tend to cost much more than this.)

● Add collision with a $500 deductible

● Comprehensive with a $0 deductible

We have found that once you buy some insurance, you can normally increase the amount or your coverage to those shown above for a very little increase in your premiums. These recommended amounts are higher than the minimum law in North Carolina, but we feel that the extra protection is definitely worth the cost. If you have questions about your insurance after an accident or would like to speak with an experienced attorney, contact Kelly and West today.

If you don’t take action to protect yourself and your family, then you are putting yourself and your family at great risk of being injured or killed by someone who has no insurance or by someone without adequate insurance to fully compensate you for your injury, your medical bills and your loss of income.

Getting Older and Unable to Drive — Now What?

Written by kwmlaw on November 17, 2014. Posted in Kelly & West News.

They say with age comes wisdom, but getting older also comes the inability to do the things we used to do. Unfortunately, if we’re lucky enough to make it to an advanced age, this is bound to happen to all of us, so we all need to consider what we want done when it happens.

Elder Law Attorneys Harnett County — Photo by Steven Depolo.

Before you hang up your car keys for good, be sure that you spell out exactly what you want so that your loved ones know your wishes. For example:

Be sure they know that you want them to explore all available options before taking your keys.
Make it clear you want to maintain your mobility, perhaps through the use of public transportation, once you can no longer drive.
Ask family for help to find a qualified therapist to help you deal with your loss of mobility and your inability to care for yourself the same way you used to, should you have trouble coping.
Perhaps most importantly, be sure they know who you want to address these issues with you, when and if the time comes. These details can be included in an Advanced Driving Directive signed by you and your loved ones. While this document has no legal significance and is probably not enforceable in any court of law, it is extremely useful to you and your family during the difficult times, the times when you cannot speak for yourself.

Whether it is through a Will, Power of Attorney, or Advanced Driving Directive, take the time to give yourself the small gift of advanced preparation. Your future self and your loved ones will thank you.