Short Answer

In North Carolina, you usually have a valid car-accident injury claim if you can show the other driver was negligent (did something unsafe), that negligence caused the sideswipe, and you suffered real damages (like medical bills, lost time from work, pain, or vehicle damage). A major catch is North Carolina’s contributory negligence rule: if the other side proves you were even slightly at fault, it can bar recovery. You also must act within the statute of limitations—most injury and property-damage claims must be filed within three years.

Understanding the Problem

If you were sideswiped in North Carolina and you are not ready to share details yet, you may still be wondering whether you can bring a claim at all and what facts will matter when you do talk to an attorney later today. In a sideswipe, the key issue is usually whether the other driver failed to stay in their lane or made an unsafe move, and whether anything you did could be argued as contributing to the crash. This article explains what makes a claim “valid” under North Carolina personal injury law.

Apply the Law

Most sideswipe cases are based on negligence. In plain English, negligence means a driver failed to use reasonable care, and that failure caused harm. Your claim is typically handled through an insurance claim first; if it cannot be resolved, a lawsuit is filed in North Carolina state court (usually the Superior Court in the county where the crash happened or where a defendant lives).

North Carolina also follows contributory negligence. That means if the other side proves you were negligent and your negligence helped cause the crash, you can be barred from recovering damages—even if the other driver was mostly at fault. The defendant has the burden to prove contributory negligence as a defense.

Key Requirements

• Fault (negligence by the other driver): You need facts showing the other driver did something unsafe (for example, drifting out of their lane, passing too closely, or driving recklessly).
• Causation: The unsafe driving must be what actually caused the sideswipe and your injuries or property damage.
• Damages: You must have measurable harm—medical treatment, symptoms, time missed from work, out-of-pocket expenses, or vehicle damage.
• No contributory negligence (or a viable response to it): If the insurer argues you contributed (even slightly), that can defeat the claim unless the facts support a recognized way around that defense.
• Timely filing: If the case must go to court, you generally must file before the statute of limitations expires.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury and property-damage claims.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 20-149 (Overtaking a vehicle) - Requires safe passing and can matter when a sideswipe happens during an overtake.
• N.C. Gen. Stat. § 20-166 (Duty to stop and exchange information) - Requires drivers to stop and provide information after a crash (important for identifying coverage and witnesses).

Analysis

Apply the Rule to the Facts: Based on the limited facts, you reported being sideswiped and asked to speak with an attorney, but you are not ready to share details yet. Whether you have a valid claim will depend on (1) what the other driver did to cause the sideswipe, (2) whether anything you did could be argued as contributing to the crash, and (3) whether you have damages you can document. When you are ready, the most important next step is to pin down how the lane position, signals, and point of impact show fault.

Process & Timing

1. Who files: Usually you (the injured driver/passenger) start with an insurance claim; if needed, your attorney files a civil lawsuit. Where: If a lawsuit is necessary, it is typically filed in North Carolina state court (often Superior Court in the county tied to the crash/defendant). What: A civil Complaint (and a Summons) to start the lawsuit. When: In many cases, you must file within three years of the crash for injury and property-damage claims.
2. Investigation phase: Gather the crash report, photos, witness information, vehicle repair records, and medical records. Insurers often focus early on “who changed lanes” and whether there is any basis to argue you contributed.
3. Resolution phase: Many cases resolve through settlement; if not, the case proceeds through discovery and potentially trial, where fault, contributory negligence, and damages are decided.

Exceptions & Pitfalls

• Contributory negligence arguments: In sideswipe cases, insurers often claim both drivers “shared the lane” or both changed lanes. Even a small mistake (like drifting over a line) can be used to try to bar recovery.
• Unclear point of impact: If photos, vehicle damage patterns, or the crash report do not clearly show who moved into whom, liability can become a credibility fight.
• Delay in medical care: Waiting too long to get checked out can make it harder to connect injuries to the crash (even when you truly are hurt).
• Recorded statements: Early statements to an insurer can be used later to argue you admitted fault or minimized injuries. It is often safer to get advice before giving a detailed recorded statement.
• Missing the filing deadline: If you miss the statute of limitations, you can lose the right to pursue the claim in court even if liability is clear.

Conclusion

You likely have a valid North Carolina sideswipe claim if you can prove the other driver’s negligence caused the collision and you have documented damages, but contributory negligence can still defeat the case if the other side proves you were even slightly at fault. The practical next step is to gather and preserve the key proof of fault (photos, crash report, witness info, and medical documentation) and make sure a lawsuit is filed within three years if the claim cannot be resolved.

Talk to a Personal Injury Attorney

If you're dealing with a sideswipe crash and you’re unsure whether the facts support a valid claim—especially with North Carolina’s contributory negligence rule—an attorney can help you spot the issues early, preserve evidence, and protect your deadlines. If you want to talk later today when you’re ready, 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.