Short Answer

In North Carolina, you pursue a negligence claim against the at-fault driver and, if they have no or low insurance, you can seek benefits under your own auto policy’s uninsured/underinsured motorist (UM/UIM) coverage. Being unlicensed is illegal, but it does not automatically prove fault—you still must show the driver’s negligence caused the head-on crash. Most adults have three years to file suit; a child’s personal injury claim is usually extended, but a parent’s claim for the child’s medical bills is still three years.

Understanding the Problem

You want to know how, in North Carolina, you can pursue a personal injury claim after a head-on collision caused by an unlicensed driver. As the injured parent, you may have your own claim and a claim to bring for your minor child. Both of you went to the hospital, and you have your own auto policy. The key issues are proving fault, navigating insurance (including UM/UIM), and meeting the filing deadlines.

Apply the Law

North Carolina personal injury law requires you to prove the other driver was negligent (failed to use reasonable care), that this caused the head-on crash, and that you suffered damages. North Carolina follows contributory negligence, which can bar recovery if you were even slightly at fault, subject to narrow exceptions. Claims typically proceed first against the at-fault driver’s liability insurer; if there is no insurance or not enough, your policy’s UM/UIM coverage may apply. A minor’s claim is brought by a parent or guardian, and settlements for minors usually require court approval.

Key Requirements

• Fault: Show the other driver breached a duty of care (for example, crossing the center line) and caused the head-on impact.
• Damages: Document injuries, medical treatment, lost income, and other losses with records and bills.
• Contributory negligence: Any fault assigned to you can bar recovery; careful fact development matters.
• Insurance path: Make a liability claim first; if the driver is uninsured or limits are inadequate, give written notice and pursue UM/UIM under your policy.
• Minor’s claim: A parent/guardian files for the child; settlements usually need court approval and restricted handling of funds.
• Deadlines: Most adult injury claims must be filed within three years; a child’s personal injury claim is generally tolled until adulthood, but a parent’s claim for the child’s medical expenses is typically three years from the crash.
• Possible owner liability: You may also claim against the vehicle’s owner if they allowed an unlicensed or unsafe driver to use the car (negligent entrustment).

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - General three-year deadline for personal injury claims.
• North Carolina Gen. Stat. § 1-17 (Tolling for minors) - Pauses a child’s personal injury deadline until age 18.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Provides uninsured/underinsured motorist coverage requirements and procedures.
• North Carolina Gen. Stat. § 20-7 (Driver license required) - Makes unlicensed driving unlawful; civil fault still depends on negligence and causation.

Analysis

Apply the Rule to the Facts: You and your child were injured in a head-on crash with an unlicensed driver. You must still prove the other driver’s negligence caused the impact and your injuries; the lack of a license alone does not establish fault. If the driver has no insurance or low limits, your own policy’s UM/UIM coverage is a path to payment, but give written notice and follow consent requirements. Your child’s injury claim can wait until adulthood if needed, but your separate claim for the child’s medical bills must meet the three-year deadline.

Process & Timing

1. Who files: You (for yourself) and you as parent/guardian (for your child). Where: Start insurance claims with the at‑fault insurer and your insurer. If suit is needed, file in the appropriate North Carolina District or Superior Court in the county of the crash or defendant’s residence. What: Send written notice of claim, preserve evidence, and compile a demand with medical records/bills; for UM/UIM, give written notice and request consent before settling with the liability carrier. When: Do this promptly and calendar the three-year limitations period for your claims.
2. Negotiate with insurers after treatment stabilizes. Timeframes vary; records gathering often takes several weeks, and negotiations can take additional weeks to months.
3. If you settle: sign a release (and seek court approval for a minor’s settlement); funds for a minor are typically placed in a restricted account. If you do not settle: file a civil Complaint and proceed with litigation.

Exceptions & Pitfalls

• Contributory negligence can bar recovery; avoid statements that could be interpreted as admitting partial fault.
• Do not settle with the liability insurer before giving your UM/UIM carrier written notice and obtaining any required consent, or you may jeopardize UIM benefits.
• Minor settlements usually require court approval; plan ahead for the approval hearing and restricted accounts.
• Separate the child’s claim from the parent’s claim for the child’s medical expenses; the parent’s claim is not tolled.
• Be cautious with recorded statements and social media; insurers may use them to dispute fault or damages.
• Preserve vehicle and scene evidence early; spoliation can undermine fault proof in head-on collisions.

Talk to a Personal Injury Attorney

If you’re dealing with injuries from a head-on crash with an unlicensed driver, our firm can help you understand fault, insurance options (including UM/UIM), and deadlines. Reach out today. Call us at (919) 341-7055.

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.