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Cat

Why do some people have the worst fortune?

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So my 19 year old cousin who is super sweet and absolutely gorgeous is having such a tough time. I'm pretty distraught about the whole thing.  Just a few weeks ago she found out she has multiple tumors on her brain. Then she found out it was a genetic disease that was likely passed down from the father that abandoned her when she was  baby. She hasn't seen or heard from him since he left. The genetic disease means she actually can get tumors on all her vital organs and she should NEVER have children.  Her mom has her on her insurance but her mom is getting laid off soon. They have very little money. Her mom is bi-polar and can be quite difficult to deal with at times but at least she is around. 
My cousin really needed a car especially to drive to all her doctor appointments and school. She had been taking the bus to CPCC, so our family gave her an older car to help out. They had the car 2 days when her sister drives her to her doctors appointment and a fire truck rear ends them and totals the car. The back driver side of the car is destroyed. The fire truck is an emergency vehicle and apparently in NC if they hit you it is "no fault". So the insurance for the fire truck isn't paying and we are unsure that their insurance will pay for it because the fire truck isn't "uninsured". 

Does anyone have any advice about what can be done in regards to the accident? Anyone know if there is any legal action they can take? I'm so frustrated and trying to think of things I can do to help. 

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13 minutes ago, Cat said:

So my 19 year old cousin who is super sweet and absolutely gorgeous is having such a tough time. I'm pretty distraught about the whole thing.  Just a few weeks ago she found out she has multiple tumors on her brain. Then she found out it was a genetic disease that was likely passed down from the father that abandoned her when she was  baby. She hasn't seen or heard from him since he left. The genetic disease means she actually can get tumors on all her vital organs and she should NEVER have children.  Her mom has her on her insurance but her mom is getting laid off soon. They have very little money. Her mom is bi-polar and can be quite difficult to deal with at times but at least she is around. 
My cousin really needed a car especially to drive to all her doctor appointments and school. She had been taking the bus to CPCC, so our family gave her an older car to help out. They had the car 2 days when her sister drives her to her doctors appointment and a fire truck rear ends them and totals the car. The back driver side of the car is destroyed. The fire truck is an emergency vehicle and apparently in NC if they hit you it is "no fault". So the insurance for the fire truck isn't paying and we are unsure that their insurance will pay for it because the fire truck isn't "uninsured". 

Does anyone have any advice about what can be done in regards to the accident? Anyone know if there is any legal action they can take? I'm so frustrated and trying to think of things I can do to help. 

You file a claim against the municipality. Obtain a copy of the accident report that shows the vehicle was not engaged in an emergency call and file a claim with the city's risk management representative (he/she is a city employee). The city's own dispatch records will determine whether or not the vehicle was en route to an emergency call. The emergency vehicle no-fault thing only applies if the vehicle was en route to an emergency (North Carolina General Statute below):

G.S. 20-145 states that

The speed limitations set forth in this Article shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire department or fire patrol vehicles when traveling in response to a fire alarm, nor to public or private ambulances and rescue squad emergency service vehicles when traveling in emergencies, nor to vehicles operated by county fire marshals and civil preparedness coordinators when traveling in the performances of their duties, nor to any of the following when either operated by a law enforcement officer in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, when traveling in response to a fire alarm, or for other emergency response purposes: (i) a vehicle operated by the Division of Marine Fisheries or the Division of Parks and Recreation of the Department of Environment and Natural Resources or (ii) a vehicle operated by the North Carolina Forest Service of the Department of Agriculture and Consumer Services. This exemption shall not, however, protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.

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39 minutes ago, Anybodyhome said:

You file a claim against the municipality. Obtain a copy of the accident report that shows the vehicle was not engaged in an emergency call and file a claim with the city's risk management representative (he/she is a city employee). The city's own dispatch records will determine whether or not the vehicle was en route to an emergency call. The emergency vehicle no-fault thing only applies if the vehicle was en route to an emergency (North Carolina General Statute below):

G.S. 20-145 states that

The speed limitations set forth in this Article shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire department or fire patrol vehicles when traveling in response to a fire alarm, nor to public or private ambulances and rescue squad emergency service vehicles when traveling in emergencies, nor to vehicles operated by county fire marshals and civil preparedness coordinators when traveling in the performances of their duties, nor to any of the following when either operated by a law enforcement officer in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, when traveling in response to a fire alarm, or for other emergency response purposes: (i) a vehicle operated by the Division of Marine Fisheries or the Division of Parks and Recreation of the Department of Environment and Natural Resources or (ii) a vehicle operated by the North Carolina Forest Service of the Department of Agriculture and Consumer Services. This exemption shall not, however, protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.

Thanks, we are doing this.

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16 minutes ago, Cat said:

Thanks, we are doing this.

And, as an FYI, the municipality also likely has some kind of accident review board. It is a board made up of city employees, usually upper levels of management, who review the accident reports and other information they have. They can recommend punitive action or take administrative action, such as assigning points, much like an insurance company. They could also recommend a suspension if it is severe enough.

The city I work for has an Accident Review Board and it operates on a point system and can also recommend punitive action, which can only be done by the city manager. You'd have to check with the municipality in question to learn if they have a board and if their hearings are public hearings or not. Either the city's safety office or their risk management person should be able to tell you this.

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