Understanding the Problem

If you were in a North Carolina car wreck and lost consciousness, can you still bring a personal injury claim even though you cannot describe what happened at the scene? This question matters because the insurance company may treat “I don’t remember” as “you can’t prove it,” even when other evidence exists. Here, one key fact is that you were transported by EMS to the emergency room after losing consciousness.

Apply the Law

North Carolina car accident claims usually rely on negligence. That means you must show the other driver failed to use reasonable care, that failure caused the crash, and you suffered injuries and losses. Not remembering the collision does not prevent a claim; it just means the case will be built primarily from other sources of proof (like the investigating officer’s report, scene evidence, and medical records). A major issue in North Carolina is contributory negligence: if the defense proves you were even slightly at fault in causing the crash, it can bar recovery in many cases.

Key Requirements

• Proof of fault (negligence): Evidence must show the other driver likely caused the crash (for example, unsafe lane change, failure to yield, or following too closely).
• Causation: The evidence must connect the crash to your injuries (medical records and timing often matter here).
• Damages: You must document losses such as medical bills not covered by insurance, lost time from work, and the impact of the injury.
• Contributory negligence defense: The other side may argue you contributed to the crash; in North Carolina that can defeat the claim if proven.
• Deadline to file suit: Most personal injury lawsuits must be filed within three years, so investigation and claim handling should start early.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury actions.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Puts the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) - Requires notice/investigation for reportable crashes and addresses accident reports and their use.

Analysis

Apply the Rule to the Facts: Because you were unconscious and later treated at the hospital (including imaging/tests and stitches), your case will likely rely on objective proof rather than your memory of the impact. The medical records and EMS documentation help show you were injured and when symptoms began. The remaining question is whether the available crash evidence can show the other driver’s negligence and avoid a contributory negligence argument against you.

Process & Timing

1. Who files: You (the injured person), typically through an attorney. Where: The insurance claim is made with the at-fault driver’s insurer; if a lawsuit is needed, it is filed in the North Carolina state court system in the proper county. What: A claim package usually includes the crash report, photos/video if available, witness information, and complete medical/therapy billing and records. When: Start as soon as practical while evidence is fresh; if a lawsuit is necessary, it generally must be filed within three years.
2. Investigation step: Obtain the law enforcement crash report, identify witnesses listed in the report, request any available 911/dispatch information, and gather EMS and hospital records. In unconsciousness cases, early witness outreach matters because memories fade and contact information changes.
3. Resolution step: The claim may resolve by settlement after your medical treatment stabilizes enough to understand the injury picture; if the insurer disputes fault or raises contributory negligence, filing suit before the deadline may be necessary to preserve the claim.

Exceptions & Pitfalls

• Contributory negligence allegations: The defense may argue you caused or contributed to the crash (speeding, distraction, unsafe movement). When you cannot remember the event, it is especially important to preserve objective evidence that answers those allegations.
• Gaps in medical treatment: Long delays in follow-up care can give the insurer an argument that the crash did not cause the ongoing symptoms. Keep records of appointments, therapy, and referrals.
• Early recorded statements: Giving a detailed recorded statement while you are still recovering from a head injury can create inaccuracies that get used against you later. It is usually safer to limit statements to basic facts until records and the crash report are reviewed.
• Missing evidence from the scene: Photos, vehicle positions, debris fields, and witness accounts can disappear quickly. If you were taken away by EMS, you may need others (or your attorney) to gather this promptly.
• Underestimating the deadline: Negotiations do not stop the statute of limitations. If the deadline is approaching, you may need to file suit even if settlement talks are ongoing.

Conclusion

In North Carolina, you can pursue a car accident claim even if you were unconscious and cannot remember what happened, as long as the evidence can prove the other driver’s negligence and the defense cannot prove contributory negligence. Most injury lawsuits must be filed within three years. A practical next step is to request the law enforcement crash report and your EMS/hospital records early so you can evaluate fault and preserve your timeline before the three-year deadline.

Talk to a Personal Injury Attorney

If you're dealing with a crash where you were unconscious and the insurance company is questioning what happened, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.