Understanding the Problem

If you were in a North Carolina car crash and you are not hurt, can you still make the other driver (or an insurance company) pay for your vehicle repairs and related out-of-pocket costs when the key issue is who was at fault?

Apply the Law

North Carolina law allows a person to recover money for damage to their vehicle and other crash-related property losses when another driver’s negligence caused the collision. In practice, that usually means making a third-party claim against the at-fault driver’s liability insurance, or using your own collision coverage and letting your insurer pursue reimbursement (often called subrogation). If you accept a property-damage-only settlement, North Carolina law generally treats that as settling only the property claim unless the written settlement clearly says it settles everything.

Two legal pressure points matter early: (1) North Carolina’s strict contributory negligence rule (if the other side can prove you contributed to the crash, it can bar recovery), and (2) the filing deadline for a lawsuit for property damage, which is typically three years.

Key Requirements

• Fault (negligence): You must show the other driver’s actions caused the crash (for example, failing to yield or following too closely).
• No contributory negligence: If the insurer argues you were also at fault, even a little, it can defeat a third-party claim in North Carolina unless an exception applies.
• Proof of damages: You need documentation of what you paid or will reasonably have to pay (repair estimate/invoices, towing, storage, rental/loss-of-use, and related receipts).
• Proper claim handling and paperwork: You must provide enough information for the insurer to evaluate fault and the amount of loss, and you should avoid signing a release broader than “property damage only” unless that is what you intend.
• Timely lawsuit if needed: If the claim does not resolve, you must file suit before the statute of limitations expires.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year statute of limitations) - Sets a three-year deadline for many civil claims, including damage to goods/chattels (often the category used for vehicle property damage).
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement from a crash) - A property-damage settlement generally is not an admission of liability and does not automatically release other claims unless the written agreement clearly says so.
• N.C. Gen. Stat. § 1-139 (Burden of proof for contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 7A-38 (Prelitigation mediation of insurance claims) - Allows certain insurance claims to be mediated before a lawsuit and can toll time periods while mediation is pending.

Analysis

Apply the Rule to the Facts: Here, you report no physical injury, but you still may have a valid North Carolina property-damage claim if the other driver was at fault and you can document your repair bill and related costs. The insurer’s first focus is usually fault (including whether it can argue you contributed to the crash) and then the amount (repair vs. total loss valuation, rental/loss-of-use, towing, and storage). If the adjuster disputes either point, you may need to build a stronger written record and be prepared to escalate before the three-year filing deadline.

Process & Timing

1. Who files: The vehicle owner (or their insurer if you use collision coverage). Where: With the at-fault driver’s auto insurer (claim) and, if needed, in the North Carolina court system (lawsuit). What: A claim report plus supporting documents (photos, crash report, repair estimate/invoices, towing/storage receipts, rental or other loss-of-use proof). When: Start as soon as practical after the crash; if you must sue, many property-damage claims must be filed within three years.
2. Build a “property damage packet”: Send a clear timeline of the crash, why the other driver is at fault, and a single organized set of documents showing each dollar you are requesting. Ask the adjuster to confirm in writing what they still need and when they expect to make a decision.
3. Escalate if needed: If the insurer denies fault, undervalues the claim, or delays, you can send a formal demand letter, consider pre-suit mediation in appropriate cases, or file suit in the proper North Carolina trial court to preserve the deadline and force a decision-maker to resolve fault and damages.

Exceptions & Pitfalls

• Contributory negligence disputes: Insurers often look for any argument that you contributed to the collision (speed, lookout, following distance). Even small factual disputes can stall payment until you provide stronger proof.
• Signing the wrong release: Do not sign a release that settles “all claims” if you only intend to settle property damage. Under North Carolina law, the written terms control.
• Rental/loss-of-use gaps: Rental reimbursement is often contested. Keep proof that your vehicle was not safely drivable, the repair/total-loss timeline, and that your substitute transportation costs were reasonable.
• Storage and towing charges: Storage bills can grow quickly and become a negotiation point. Document why the vehicle was stored, where it was stored, and your efforts to mitigate charges.
• Using your own collision coverage: This can speed repairs, but you may owe a deductible up front and then seek reimbursement later depending on fault and coverage.
• Waiting too long to sue: A claim can feel “active” with an adjuster while the statute of limitations keeps running. Track the deadline independently.

Conclusion

In North Carolina, you can pursue payment for vehicle repairs and related crash costs even when you have no injury, as long as you can prove the other driver was at fault and you were not contributorily negligent. The practical path is to document every expense, submit a clear property-damage demand to the insurer, and avoid signing a broad release that settles more than property damage. If the claim does not resolve, the key next step is to file a lawsuit in the proper North Carolina court before the three-year deadline.

Talk to a Personal Injury Attorney

If you’re dealing with a North Carolina car wreck where there’s no injury but you still need repairs, towing, rental, or other accident-related costs covered, a personal injury attorney can help you organize proof, address contributory negligence arguments, and protect your filing deadlines. 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.