Short Answer

In North Carolina, you can recover lost income if you prove the other driver’s negligence caused your injuries, that your injuries kept you from working, and the amount of income you lost. Gather clear documentation (medical records, doctor work-restrictions, tax returns/1099s, commission records) and present a claim to the at‑fault driver’s insurer (or your UM/UIM carrier if needed). If the insurer will not pay fairly, file a civil lawsuit within three years of the crash.

Understanding the Problem

You’re a North Carolina real estate agent who missed work after being rear‑ended and treated in the ER; soreness persisted and you could not show homes or attend appointments. You want to know how to recover the income you lost while you were out. This question sits squarely in personal injury law and focuses on proving fault, showing your time off work, and calculating commission‑based losses.

Apply the Law

Under North Carolina law, lost income is part of your compensatory damages in a negligence claim. You must show: (1) the other driver breached a duty of care (for example, by rear‑ending you), (2) that breach caused your injury and inability to work, and (3) the amount of your lost income. North Carolina courts hear these claims as civil actions in the General Court of Justice; the Clerk of Superior Court does not adjudicate money‑damages claims. The typical filing deadline for negligence is three years from the crash.

Key Requirements

• Fault and causation: Show the other driver’s negligence and that your injuries caused you to miss work.
• Medical support: Obtain records and a provider note tying your work restrictions and time off to the crash.
• Proof of income loss: For agents, use tax returns (Schedule C/1099s), broker statements, MLS/commission logs, pipeline deals, calendars, and referral records to quantify loss.
• Mitigation: Demonstrate reasonable efforts to reduce loss (light‑duty tasks, referrals, assistants) where medically allowed.
• Coverage path: Pursue the at‑fault liability insurer; if coverage is absent/insufficient, your UM/UIM policy may apply.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for negligence) - Most personal injury lawsuits must be filed within three years of the injury.
• N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage) - Uninsured/underinsured motorist coverage pays the same tort damages you could recover from the at‑fault driver, which can include lost income.

Analysis

Apply the Rule to the Facts: A rear‑end collision typically supports negligence by the trailing driver. Your ER visit and ongoing soreness, combined with a doctor’s work‑restriction, connect the crash to missed showings and appointments. Because you’re commission‑based, use prior 12–24 months of 1099s, tax returns, broker/MLS reports, and a calendar of lost listings/showings to quantify loss. Note your recent surgery in medical records; if the crash aggravated a condition, you can still claim the aggravation so long as your doctor ties it to the collision.

Process & Timing

1. Who files: You (or your attorney). Where: Start with a claim to the at‑fault driver’s insurer; if unresolved, file a civil Complaint and Civil Summons (AOC‑CV‑100) in the North Carolina General Court of Justice in the proper county. What: Demand package with medical records/bills, doctor work‑note, income proof (tax returns, 1099s, broker statements, commission logs). When: File suit before the three‑year statute of limitations expires.
2. Serve the defendant under Rule 4. The insurer will investigate; if suit is filed, the defendant typically has around 30 days to respond. Discovery and negotiation (often including mediation) follow; timing varies by county and case complexity.
3. Resolution is by settlement or verdict. On settlement, review any release carefully, protect UM/UIM rights (give your carrier notice/consent if required), and expect a single closing payment covering your claimed losses.

Exceptions & Pitfalls

• Contributory negligence: If you share fault, recovery can be barred; gather evidence (photos, 911 records, witness info) early.
• Pre‑existing conditions: They do not kill a claim, but you need a clear medical opinion that the crash caused an aggravation and your time off.
• Documentation gaps: Commission‑based losses require rigorous proof—use tax returns/1099s, broker letters, MLS reports, and a log of lost deals.
• Mitigation: If you could have done light‑duty work (calls, virtual tours, referrals) but did not, the insurer may argue to reduce your claim.
• Releases and early checks: Do not endorse a check labeled “full and final settlement” or sign a broad release without confirming all claims (and UM/UIM consent where required) are protected.

Talk to a Personal Injury Attorney

If you're dealing with missed commissions and time off after a car crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (000) 000-0000.

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.