Short Answer

In North Carolina, a rideshare passenger hurt in a rear-end crash can usually pursue an injury claim against the at-fault driver’s auto insurer, and sometimes also through the rideshare company’s required insurance coverage for trips in progress. The practical first step is to get the crash report and open the right insurance claims (often more than one) while you document medical treatment and time missed from work. Most injury lawsuits must be filed within three years, so it’s important to start the claim process early even if you are still treating.

Understanding the Problem

If you were a passenger in a rideshare vehicle in North Carolina and the car was rear-ended on a highway, you may be asking how you can start an injury claim when you were not driving and did not cause the crash.

Apply the Law

North Carolina injury claims after a car wreck are usually based on negligence: someone failed to drive with reasonable care, and that failure caused your injuries and losses. As a rideshare passenger, you can typically make a claim against the driver who caused the rear-end collision, and you may also have coverage available through the rideshare insurance that applies while the driver is providing rideshare service (for example, during an active trip).

North Carolina also has strict rules that can affect recovery, including contributory negligence. While passengers are less likely to be blamed than drivers, insurers sometimes still raise fault arguments (for example, seatbelt issues or distracting the driver). Separately, there are timing rules: most personal injury lawsuits must be filed within three years of when the injury becomes apparent or reasonably should have become apparent.

Key Requirements

• Identify the correct insurance layers: A rideshare crash can involve the rear driver’s liability policy, the rideshare driver’s personal policy, and the rideshare-required policy that applies while the driver is logged in or actively transporting a passenger.
• Prove fault (negligence): You generally need evidence showing the other driver caused the rear-end collision (police report, photos, witness info, vehicle damage, and statements).
• Prove injury and causation: Medical records must connect your symptoms (like a head injury) to the crash, and show the treatment you needed.
• Document damages: Keep proof of medical bills, out-of-pocket costs, and missed work (pay stubs, employer note, and dates missed).
• Watch the lawsuit deadline: If the claim does not resolve, you generally must file suit within three years under North Carolina’s statute of limitations for personal injury.

What the Statutes Say

• N.C. Gen. Stat. § 20-280.4 (Transportation network company insurance) - Requires primary liability coverage (and uninsured/underinsured motorist coverage) at specified levels depending on whether the rideshare driver is logged in and/or actively providing rideshare service.
• N.C. Gen. Stat. § 1-52 (Three-year limitation) - Sets a three-year deadline for many personal injury claims, including “injury to the person.”
• N.C. Gen. Stat. § 1-139 (Burden of proof for contributory negligence) - Places the burden on the party asserting contributory negligence as a defense.

Analysis

Apply the Rule to the Facts: You were a passenger in a rideshare vehicle that was rear-ended on a highway, and police and EMS responded. That fact pattern often supports a negligence claim against the rear driver, because rear-end collisions commonly involve following too closely, inattention, or unsafe speed. Your same-day ER visit for a reported head injury helps document that symptoms appeared promptly, which is important for connecting the injury to the crash and for proving damages like medical bills and missed work.

Process & Timing

1. Who files: You (the injured passenger) or your attorney. Where: Start with insurance claims (not the courthouse) and request the crash report from the law enforcement agency that responded. What: Open a bodily injury claim with the at-fault driver’s insurer and notify the rideshare company through its in-app crash reporting/support channel so the correct rideshare insurance can be identified. When: As soon as practical after the crash, especially if you are treating for a head injury.
2. Build the claim file: Gather the police report, EMS/ER records, discharge instructions, follow-up provider notes, and proof of missed work. If you do not have health insurance, ask providers for itemized bills and keep receipts; your claim typically needs a clear paper trail of charges and payments.
3. Resolve or file suit: Many claims resolve through settlement after treatment stabilizes and records are complete. If the insurers deny fault, dispute the injury connection, or do not offer a fair resolution, the next step is filing a civil lawsuit in the appropriate North Carolina trial court before the statute of limitations expires.

Exceptions & Pitfalls

• Coverage depends on the rideshare “status” at the moment of the crash: Different insurance limits can apply depending on whether the driver was merely logged into the app or was actively transporting a passenger. Preserving trip screenshots/receipts and confirming the trip status early can prevent delays.
• Recorded statements can be used against you: Adjusters may ask for a recorded statement soon after the crash, before you know the full extent of a head injury. It is often safer to provide basic facts in writing and wait until you have medical documentation.
• Contributory negligence arguments: North Carolina’s contributory negligence rule can bar recovery if a claimant is found even slightly at fault, and insurers sometimes look for passenger-fault angles. Keep your account consistent and avoid speculation about speed, distances, or fault.
• Gaps in treatment: Long delays in follow-up care after an ER visit can give insurers an argument that the crash did not cause ongoing symptoms. If symptoms persist, follow discharge instructions and get appropriate follow-up care.
• Unpaid medical bills and liens: If you receive certain public benefits for medical care, repayment rights may attach to a settlement. These issues should be identified early so they do not derail a resolution late in the case.

Conclusion

In North Carolina, a rideshare passenger injured in a rear-end crash can usually file an injury claim by opening a bodily injury claim with the at-fault driver’s insurer and notifying the rideshare company so the correct rideshare-required coverage is identified. Your claim is strongest when you document fault, prompt medical care, and losses like missed work. If the case does not settle, you generally must take the next step of filing a lawsuit within three years under N.C. Gen. Stat. § 1-52.

Talk to a Personal Injury Attorney

If you’re dealing with injuries as a rideshare passenger after a rear-end collision, a lawyer can help you identify which insurance policies apply, gather the right records, and protect your timeline to file suit if needed. If you want help understanding your options and next steps under North Carolina law, reach out 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.