Car Accident Laws in North Carolina
Car accidents in North Carolina, whether in fast-growing cities like Charlotte and Raleigh or rural areas of the Blue Ridge Mountains, can leave you with serious injuries, financial burdens, and legal questions. North Carolina has some of the strictest negligence laws in the country, which can make recovering compensation challenging without a strong understanding of your rights. This guide covers key car accident laws and broader personal injury regulations that apply statewide.
North Carolina Is an At-Fault State
North Carolina follows an at-fault system, meaning the driver responsible for causing the crash is liable for all damages. If you’re injured in a crash, you may:
- File a claim with your own insurer (who may seek reimbursement)
- File a claim with the at-fault driver’s insurance
- File a personal injury lawsuit in court
Before compensation is awarded, liability must be clearly established.
Pure Contributory Negligence Rule
North Carolina is one of only a few states that use a pure contributory negligence system. Under this rule, if you are found to be even 1% at fault, you cannot recover any compensation from the other party.
This strict rule often makes it harder for injury victims to win personal injury claims unless they can prove the other party was entirely at fault.
Minimum Auto Insurance Requirements in North Carolina
All drivers in North Carolina are required to carry the following minimum insurance:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
In addition, drivers must carry uninsured motorist (UM) coverage. Underinsured motorist (UIM) coverage is required for policies over the minimum limits.
Statute of Limitations for Car Accident Lawsuits
If you’ve been injured in a North Carolina car accident, you generally have:
- Three years from the date of the accident to file a personal injury lawsuit
- Two years to file a wrongful death claim
- Three years for property damage claims
Missing the deadline will most likely result in your case being dismissed.
Reporting a Crash in North Carolina
You must report a car accident to law enforcement if:
- Someone is injured or killed
- Property damage appears to exceed $1,000
- A driver is under the influence or leaves the scene
If the police don’t respond, you should file a written report with the North Carolina Division of Motor Vehicles (DMV).
Personal Injury Law in North Carolina
North Carolina personal injury law allows victims to pursue compensation when they’ve been hurt by someone else’s negligence. This includes:
- Car and truck accidents
- Motorcycle crashes
- Slip and fall injuries
- Medical malpractice
- Dog bites
Recoverable damages may include medical expenses, lost wages, future earning capacity, pain and suffering, and emotional distress. There are no caps on most personal injury damages, except for medical malpractice, which does have a cap on non-economic damages.
Types of Compensation Available After a Car Crash
If you’ve been injured in a North Carolina car accident, you may be entitled to:
- Medical bills (emergency care, surgeries, therapy)
- Lost wages due to missed work
- Future loss of income
- Pain and suffering
- Mental anguish
- Property damage
To recover these damages, you must prove the other party was entirely at fault, which often requires strong evidence.
What If the Other Driver Is Uninsured?
If you’re involved in a crash with an uninsured driver, your uninsured motorist (UM) coverage will help pay for medical expenses and other damages. If the driver has insurance but not enough to cover your losses, your underinsured motorist (UIM) coverage can make up the difference—if your policy includes it.
UM and UIM coverage are vital in a state like North Carolina, where liability must be fully on the other party.
Can Injured Passengers File a Claim?
Yes. Passengers injured in car accidents have the same rights as drivers to pursue compensation. They can file a claim with the at-fault driver’s insurance and, in some cases, with multiple drivers if more than one person contributed to the crash.
Because passengers are rarely held responsible, contributory negligence is less of an obstacle in these cases.
Why You Should Consider Hiring a Lawyer
Given North Carolina’s harsh contributory negligence law, even small mistakes or unclear details can cost you your right to recover damages. A personal injury lawyer can help investigate the crash, gather evidence, and present a strong case that leaves no room for doubt about who was at fault. Most attorneys offer free consultations and work on contingency, meaning you don’t pay unless they win.