Short Answer

In North Carolina, start by getting complete medical care and documenting every visit, then notify the at‑fault driver’s insurer (and your own, for any MedPay/UM/UIM benefits). If settlement doesn’t resolve your losses, you must file a civil Complaint and Summons in the county court before the general three‑year deadline for injury claims. You’ll need to prove the other party’s negligence caused your neck and back injuries; even slight fault on your part can bar recovery under North Carolina’s contributory negligence rule.

Understanding the Problem

You want to know how, in North Carolina, you can start a personal injury claim as the injured person to recover for neck and back injuries from a crash. You couldn’t turn your head afterward. The core decision is whether to open an insurance claim now and, if needed, file a lawsuit in the proper North Carolina court before the deadline.

Apply the Law

North Carolina personal injury claims generally rest on negligence. You must show the other driver owed you a duty of reasonable care, breached that duty, and caused your injuries and losses. North Carolina follows contributory negligence: if a jury finds you even slightly at fault, recovery can be barred. Most claims start with the at‑fault driver’s liability insurer, and unresolved claims proceed in District or Superior Court (often in the county where the defendant resides or where the crash occurred). A general three‑year limitation applies to filing lawsuits for bodily injury, but specific deadlines can vary by circumstances.

Key Requirements

• Negligence and causation: Show the other driver’s breach (e.g., inattention, speeding) directly caused your neck and back injuries.
• Damages proof: Use medical records, bills, imaging, and provider opinions to connect your symptoms and limitations to the crash.
• No contributory negligence: Avoid facts suggesting you were even slightly at fault, or be ready to address defenses like last clear chance.
• Insurance pathways: Identify all coverage: at‑fault liability, your MedPay, and any UM/UIM. Follow policy notice requirements.
• Filing deadline: File suit within the general three‑year period for injury actions if you cannot settle in time.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations) - Sets general three‑year deadlines for many personal injury lawsuits.
• North Carolina Gen. Stat. § 20-279.21 (Auto insurance) - Describes required motor vehicle liability coverage and UM/UIM provisions.
• North Carolina Gen. Stat. § 44-49 (Medical liens) - Allows healthcare providers to assert liens on injury recoveries for reasonable charges.
• North Carolina Gen. Stat. § 44-50 (Lien payment from recovery) - Limits and governs how medical liens are paid from settlements or judgments.

Analysis

Apply the Rule to the Facts: Your inability to turn your head and walking difficulties are classic signs of neck/back trauma and should be documented by your providers to establish causation. The ER, urgent care, and clinic visits help prove your damages; keep consistent follow‑up so insurers cannot argue gaps in care. Be cautious about statements that could imply you contributed to the crash, because contributory negligence can bar recovery. Use your health plan for treatment now, but expect medical providers or plans to seek reimbursement from any settlement; handle those liens before closing your claim.

Process & Timing

1. Who files: You (or your attorney). Where: Open a claim with the at‑fault driver’s insurer; if unresolved, file a lawsuit with the Clerk of Superior Court in the proper North Carolina county. What: Start with a notice of claim and a demand package (medical records, bills, lost wage proof). If you must sue, file a Complaint and Civil Summons (AOC‑CV‑100). When: Aim to resolve or file suit within the general three years from the crash; promptly notify your own insurer of any MedPay or UM/UIM claim per your policy.
2. Insurer review and negotiation: Investigation and records gathering often take weeks to a few months. County practices vary on how quickly you can obtain certified medical records and serve defendants if you must sue.
3. Resolution: Most claims settle with a signed release. If you file suit, serve the defendant, exchange discovery, and mediate. The case ends in a settlement or a court judgment.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even slightly at fault; address this early and avoid careless statements.
• Gaps in treatment or inconsistent histories weaken causation; keep follow‑ups and save all records and imaging.
• UM/UIM claims: To preserve underinsured motorist rights, follow policy notice terms and ensure the UM/UIM carrier receives suit papers if you file.
• Medical liens and reimbursements: Hospitals and some health plans may claim a share of your recovery; resolve liens before disbursing settlement funds.
• Recorded statements and broad authorizations: Do not give a recorded statement or sign blanket medical releases to the liability insurer without legal advice.

Talk to a Personal Injury Attorney

If you're dealing with neck and back injuries after a crash and need to start a claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.