Short Answer

In North Carolina, an injured passenger usually files an injury claim by opening a bodily-injury claim with the at-fault driver’s auto insurance carrier and proving (1) the other driver’s fault, (2) your injuries, and (3) that the crash caused those injuries. You do not have to be the driver to make a claim, but you do need documentation—especially medical records and the crash report. If the insurer will not pay a fair amount, the next step is typically filing a lawsuit in the proper North Carolina court before the statute of limitations expires.

Understanding the Problem

If you were a passenger in North Carolina and the other driver caused the crash, can you file your own injury claim even though you were not driving—especially where a police report was made and you later needed physical therapy after symptoms worsened?

Apply the Law

North Carolina generally allows an injured passenger to pursue a personal injury claim against the driver (and often the owner) who caused the collision. Most claims start as insurance claims: you (or your attorney) notify the at-fault driver’s liability insurer, submit proof of fault and damages, and negotiate. If the claim does not resolve, you can file a civil lawsuit in the appropriate North Carolina trial court (District Court or Superior Court, depending on the amount in dispute) and prove negligence.

As a passenger, you are often in a strong position on “fault” because you typically were not controlling either vehicle. But North Carolina is a contributory negligence state, which means if the defense can prove you contributed to causing your injuries (even a little), it can bar recovery. For passengers, that issue most often comes up in limited situations (for example, knowingly riding with an impaired driver or failing to use available safety restraints), and it depends on the facts.

Key Requirements

• Duty and breach (negligence): You must show the other driver failed to use reasonable care (for example, violating traffic rules or driving unsafely).
• Causation: You must connect the crash to your injuries. Gaps in treatment do not automatically defeat a claim, but they often become a focus in insurance negotiations and litigation.
• Damages: You must document your losses, commonly including medical treatment, time missed from work, and how the injury affected daily life.
• Proper insurance pathway: Claims usually run first through the at-fault driver’s liability coverage; other coverages (like medical payments coverage or uninsured/underinsured motorist coverage) may apply depending on the policies involved.
• Preservation of evidence: The crash report, witness information, photos, and medical records help prove fault and causation.
• Timely filing: If you must sue, you need to file before the applicable North Carolina statute of limitations expires (the exact deadline depends on the claim type).

What the Statutes Say

• N.C. Gen. Stat. § 20-166.2 (Passenger duties at the crash scene) - Requires certain passengers to remain at the scene and provide identifying information and reasonable assistance in specified situations.

Note: North Carolina has statutes that set time limits for filing different kinds of civil claims, but the correct citation depends on the specific claim and parties involved. If you are close to a deadline, you should confirm the exact statute of limitations promptly.

Analysis

Apply the Rule to the Facts: Because you were a passenger and believe the other driver caused the collision, your claim generally focuses on proving that driver’s negligence and showing your concussion and neck symptoms were caused by the crash. Your primary care visit and x-ray help document that you sought care, but the delay in further imaging and the later start of physical therapy may lead the insurer to question whether the crash caused the later symptoms or whether something else intervened. Clear medical documentation tying the worsening symptoms to the collision, along with the police report, becomes especially important for causation and damages.

Process & Timing

1. Who files: The injured passenger (or an attorney on the passenger’s behalf). Where: Usually with the at-fault driver’s auto insurance company first; if a lawsuit is needed, it is filed in the appropriate North Carolina trial court in the county where venue is proper. What: A claim notice to the insurer with supporting documents (crash report, medical records/bills, wage information if applicable); if suing, a civil complaint and summons. When: As soon as practical after the crash and medical evaluation, and always early enough to protect the statute of limitations.
2. Investigation and documentation: Obtain the crash report, identify witnesses, gather photos/video if available, and collect complete medical records (including follow-up care and physical therapy notes). Insurers often evaluate claims based on consistency of symptoms, treatment timeline, and objective findings.
3. Demand and resolution (or suit): After treatment stabilizes or you have a clearer picture of prognosis, a demand package is typically sent to the insurer. If negotiations fail, the next step is filing suit before the legal deadline and then using the court process (discovery, motions, and possibly trial) to prove fault, causation, and damages.

Exceptions & Pitfalls

• Contributory negligence defenses: North Carolina defenses can focus on whether the passenger contributed to the injury (for example, riding with a driver the passenger knew was impaired or other fact-specific conduct). If proven, it can bar recovery.
• Delay in treatment: A gap between the crash and later treatment (like starting physical therapy months later) can be used to argue the crash did not cause the later symptoms. Consistent symptom reporting and clear medical explanations can help address this issue.
• Incomplete records: Missing medical records, missing bills, or not following up on referrals can weaken proof of damages and causation.
• Recorded statements and broad authorizations: Insurers may request recorded statements or wide-ranging medical releases. These can create disputes about what was said or open unrelated medical history; it is often safer to get advice before agreeing.
• Multiple insurance layers: Depending on the facts, coverage may involve the at-fault driver’s liability policy, the vehicle you rode in, and possibly uninsured/underinsured motorist coverage. Handling notice correctly matters.
• Scene obligations: In certain circumstances, North Carolina law imposes duties on passengers at the scene (including providing information and not leaving in ways the statute prohibits). Problems at the scene can complicate a claim.

Conclusion

In North Carolina, an injured passenger can usually file an injury claim against the at-fault driver by proving negligence, showing the crash caused the injuries, and documenting damages with medical records and other evidence. Because delayed treatment can become a causation issue, it helps to gather the crash report and complete medical documentation that explains the symptom timeline. Next step: open a bodily-injury claim with the at-fault driver’s insurer promptly and confirm the statute of limitations early so you can file suit on time if needed.

Talk to a Personal Injury Attorney

If you're dealing with injuries as a passenger after a North Carolina car crash and the other driver was at fault, our firm has experienced attorneys who can help you understand your options and timelines. Call (919) 341-7055 to discuss next steps.

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.