Understanding the Problem

If you were in a North Carolina car crash and your headaches and dizziness started the next day, can you still treat it as a crash-related concussion even though the ER visit did not diagnose anything?

Apply the Law

North Carolina injury claims are built on proof: you must show the other driver was at fault and that the crash caused your injuries and losses. With concussions and post-concussion symptoms, it is common for early imaging to show no “acute findings,” so the legal focus often becomes (1) timely medical follow-up, (2) consistent symptom reporting, and (3) clear documentation tying the symptoms to the collision.

Because the at-fault driver is uninsured in this scenario, your claim may also run through your own uninsured motorist (UM) coverage. North Carolina requires UM coverage in most auto policies, and the statute sets out special notice and lawsuit timing rules that can matter if a UM claim ends up in litigation.

Key Requirements

• Medical connection (causation): Your records should show when symptoms started, how they progressed, and that your treating provider linked them to the crash.
• Consistent treatment and documentation: Follow-up visits (primary care, neurology, concussion clinic, physical therapy, etc.) help document ongoing symptoms even when early ER tests are normal.
• Proof of the crash and fault: The crash report, photos, witness information, and vehicle damage documentation help show the collision happened the way you say it did.
• Insurance notice and cooperation: Report the crash and your injury to the relevant insurers promptly and comply with reasonable requests for information.
• Watch the lawsuit deadline: Most North Carolina personal injury claims must be filed within three years of accrual.
• UM-specific timing rules if you sue: If you later file suit involving UM coverage, North Carolina law includes a 60-day notice concept before initiating suit in certain UM contexts.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury claims.
• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM coverage) - Requires uninsured motorist coverage in most auto policies and includes notice/litigation provisions for UM claims.
• N.C. Gen. Stat. § 20-166.1 (Crash reporting) - Requires law enforcement notification and addresses crash reports and investigations for reportable crashes.

Analysis

Apply the Rule to the Facts: Here, your symptoms (headaches, dizziness, nausea) began the day after the crash, and a later provider diagnosed post-concussion syndrome. That timeline can still fit a crash-related concussion claim, but you will usually need clear medical documentation showing when symptoms started and that your provider connected them to the collision. The ER’s “no acute findings” imaging is not the end of the story; it often just means the ER did not see a life-threatening bleed or fracture that day.

Process & Timing

1. Who acts: You (and often your attorney). Where: Your medical providers and your auto insurer/UM carrier; if a lawsuit is needed, the Clerk of Superior Court in the county where venue is proper. What: Request and keep copies of ER records and imaging reports, follow-up diagnosis notes, and the law enforcement crash report. When: Start follow-up care as soon as symptoms appear, and report the claim to insurance promptly.
2. Next step: Continue treatment and keep a simple symptom timeline (when headaches started, dizziness episodes, work limitations). Make sure each provider note accurately reflects that symptoms began after the crash and have persisted.
3. If the claim does not resolve: A lawsuit may be required to protect the deadline. In uninsured motorist cases, the UM carrier’s statutory notice and participation rules can affect how the case is filed and served, so you should not wait until the last minute to get legal advice.

Exceptions & Pitfalls

• Gaps in treatment: Long delays between the ER visit and follow-up care can make it harder to prove the crash caused the symptoms.
• Incomplete symptom reporting: If you do not tell providers about dizziness, nausea, light sensitivity, sleep changes, or cognitive issues, those symptoms may not appear in the records later.
• Recorded statements and broad authorizations: Insurance adjusters may ask for recorded statements or wide medical releases; be careful because inconsistent wording can be used to dispute causation.
• Uninsured motorist procedure traps: UM claims can involve special notice and litigation steps under North Carolina law; missing them can create avoidable fights even when liability is clear.
• Downplaying symptoms: Many people try to “push through,” but if your daily function is affected, document it and discuss it with your provider so the record matches reality.

Conclusion

In North Carolina, delayed concussion symptoms after a crash can still support an injury claim even if the ER did not diagnose a concussion and imaging showed no acute findings. Your priority is prompt follow-up care and consistent documentation tying the symptoms to the collision, especially when the at-fault driver is uninsured and your UM coverage may apply. The key legal deadline is typically three years, so the next step is to protect your claim by organizing records and getting legal guidance well before that deadline.

Talk to a Personal Injury Attorney

If you're dealing with delayed concussion symptoms after a crash and the ER did not diagnose anything, a personal injury attorney can help you protect the medical proof, handle uninsured motorist insurance issues, and track the deadlines that can affect your claim. 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.