You can demand payment for repair costs, diminished value, towing, rental, and other property losses through the at-fault driver’s liability insurer or, if necessary, by filing a lawsuit within North Carolina’s three-year deadline. Strong evidence, a clear calculation of damages, and familiarity with the state’s contributory negligence rule are essential to a successful claim.
North Carolina follows a pure contributory negligence rule: if the insurance company can prove you were even 1% at fault, it may deny your property-damage claim. Gather evidence that shows the other driver breached a duty to drive safely and that the breach directly caused your loss. Helpful items include:
North Carolina requires every driver to carry at least $30,000 in property-damage liability coverage per crash under N.C. Gen. Stat. § 20-279.21. Obtain the at-fault driver’s policy number from the crash report or from the driver directly. You may also:
Include every dollar connected to the collision:
Write a concise, factual letter to the liability carrier. Attach evidence of liability, repair estimates, and receipts. Clearly state:
Most property-damage claims settle quickly; adjusters face penalties for “unfair claim-settlement practices” under N.C. Gen. Stat. § 58-63-15(11). If negotiations stall, you may:
The statute of limitations for injury to personal property is three years from the crash date (N.C. Gen. Stat. § 1-52(16)). File suit before the deadline or lose your right forever.
Once you win—or settle—the at-fault driver’s insurer issues payment. If you used your collision coverage first, your insurer will pursue reimbursement and refund your deductible once recovered.
Vehicle-damage claims look simple, but North Carolina’s strict contributory negligence rule and short deadlines can derail recovery. Our firm has years of experience guiding drivers through negotiations and court. Call us today at 919-313-2737 for a free case review.