Short Answer

In North Carolina, if you lack collision coverage, you pursue a third-party property damage claim against the at-fault driver’s liability insurer. You must show their insured was negligent and that you were not contributorily negligent; the insurer then pays the reasonable cost to repair or the vehicle’s value if it’s a total loss, up to policy limits. You may also claim towing and reasonable loss-of-use (rental) damages. If the insurer won’t pay, you can file a lawsuit within North Carolina’s three-year deadline.

Understanding the Problem

You want to know how to get your car fixed in North Carolina when you do not carry collision coverage, and the other driver caused the crash. The practical path is a property damage claim with the at-fault driver’s insurance. The decision point is whether you can prove fault and your repair costs so their insurer will pay for repairs or a total loss. Med Pay helps with medical bills, but it does not pay to fix your car.

Apply the Law

North Carolina allows you to recover vehicle repair costs from the at-fault driver through a third-party liability claim. You must prove the other driver’s negligence caused the crash and that you did not contribute to it (North Carolina follows contributory negligence). The at-fault insurer will investigate, inspect the vehicle, and pay reasonable repair costs or, if uneconomical to repair, the actual cash value subject to policy limits. You can also recover reasonable loss-of-use (rental) and necessary towing/storage if you act reasonably to limit charges.

Key Requirements

• Liability: The other driver failed to use reasonable care and caused the collision.
• No contributory negligence: Your own negligence did not contribute to the crash; otherwise recovery can be barred.
• Proof of damage: Photos, a shop estimate, and an insurer inspection support the repair amount or total-loss value.
• Policy limits apply: Payment is capped by the at-fault driver’s property damage limit.
• Mitigation: Take reasonable steps to avoid unnecessary storage or rental charges.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Financial responsibility) - Sets minimum auto liability coverage, including property damage limits.
• North Carolina Gen. Stat. § 58-3-180 (Choice of repair service) - You may choose your own repair shop; an insurer cannot require a particular shop.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Property damage claims generally must be filed within three years.
• 11 NCAC 04 .0419 (Total loss standards) - Sets methods insurers must use to value total-loss vehicles.

Analysis

Apply the Rule to the Facts: You do not have collision coverage, so your path is a third-party claim with the at-fault driver’s insurer. A left-turn failure-to-yield commonly supports negligence against that driver, and if you were proceeding lawfully, contributory negligence likely will not bar your claim. Provide photos and a written estimate so the insurer can inspect and evaluate repair costs or a total loss. Med Pay can help with your medical bills, but it will not fund the vehicle repair.

Process & Timing

1. Who files: You. Where: Open a claim with the at-fault driver’s auto insurer; if disputed, file a civil action in North Carolina District Court (Small Claims/Magistrate Division up to $10,000) through the Clerk of Superior Court in the county where the crash occurred or the defendant resides. What: Submit notice of claim, photos, police report number, and a repair estimate. When: Do this promptly; the lawsuit deadline is generally three years from the crash.
2. Insurer’s investigation: An adjuster will contact you, take statements, and inspect the vehicle (mobile appraiser or shop). Expect scheduling within days to a couple of weeks, depending on availability.
3. Payment/repair: If liability is accepted, the insurer issues payment for reasonable repairs or total loss value (often payable to you and any lienholder or your chosen shop). You may also claim reasonable rental or loss-of-use for the repair period. Keep receipts for towing and storage; move the car to limit charges.

Exceptions & Pitfalls

• Contributory negligence: Any fault on you can bar recovery; do not assume the insurer’s view of fault is final—evidence matters.
• Recorded statements: Be careful with statements; stick to facts. You can submit photos and the police report number instead.
• Do not sign the wrong release: If settling property damage, ensure the release covers vehicle damage only, not your injury claim.
• Shop choice: You choose the repair shop. The insurer cannot require a particular shop under North Carolina law.
• Storage and rental: Move the car from paid storage as soon as practical and rent a reasonably priced vehicle; unreasonable charges may not be covered.
• Diminished value: After repairs, you may claim loss in market value; if the car is a total loss, diminished value does not apply.

Talk to a Personal Injury Attorney

If you’re dealing with car repairs after a North Carolina crash and you don’t have collision coverage, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055 or email intake@piercelaw.com.

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.