Navigating North Carolina’s Car Accident Laws: What You Need to Know

Understanding the specific laws surrounding car accidents in North Carolina is crucial if you’ve been involved in a crash. The state’s legal framework can influence how claims are handled, the compensation you may receive, and your rights as a victim. Here’s what you need to know about North Carolina’s car accident laws.

North Carolina’s At-Fault System

North Carolina operates under an “at-fault” system for car accidents. This means that the driver who is determined to be at fault for the accident is responsible for covering the damages. Victims have the right to pursue compensation from the at-fault driver’s insurance company or, if necessary, through a personal injury lawsuit.

Even though the at-fault driver’s liability insurance company (if they have insurance) will be responsible for any damages, your insurance company may be responsible for certain types of insurance payments, such as medical payments coverage (if you have that benefit on your policy) or uninsured/underinsured motorist coverage (if the at-fault driver did not have insurance or had minimal insurance).

Also, you may be able to have your own car insurance company pay for your property damage (i.e., pay you the fair market value for your car (if totaled) or pay to have the car repaired) if the other party’s insurance company is being slow or non-responsive. This should not affect your own insurance premiums since your insurance company will seek reimbursement from the other driver’s insurance company.

Note that other insurance companies may be involved as well, such as when the at-fault driver was driving someone else’s car, or when they were driving in the course and scope of their employment. However, an experienced personal injury attorney can assist with this process. Potentially finding other sources of insurance (including underinsured motorist/UIM coverage) actually is one of the greatest benefits an experienced personal injury attorney can provide.

The Role of Contributory Negligence

One of the most critical aspects of North Carolina car accident law is the contributory negligence rule. Under this strict rule, if you are found to be even 1% at fault for the accident, you could be barred from recovering any compensation. This makes proving the other party’s complete liability essential for securing damages.

Statute of Limitations

In North Carolina, you have a limited time to file a personal injury claim following a car accident. The statute of limitations is generally three years from the date of the accident. Failing to file a lawsuit within this timeframe will result in losing your right to seek compensation. It’s important to act promptly and consult with an attorney to ensure all legal deadlines are met.

What to Do After an Accident

Seek Medical Attention: Even if you feel fine, it’s crucial to get checked by a medical professional. Some injuries may not be immediately apparent, and having medical documentation is important for your claim.

Report the Accident: Notify law enforcement and your insurance company as soon as possible. Filing a police report can provide crucial evidence for your claim.

Document the Scene: Take photos, gather witness statements, and keep detailed notes about the accident. This information can be invaluable when proving fault and securing compensation.

Navigating North Carolina’s car accident laws can be challenging, especially when dealing with complex issues like contributory negligence and insurance disputes. At Ward and Smith, our team of personal injury lawyers is dedicated to helping you understand your legal options and fight for the compensation you deserve. Contact us today for a consultation and let us guide you through the process.