Short Answer

Possibly. In North Carolina, you generally have a personal injury claim after a car accident if another driver was negligent (did something unsafe), that negligence caused the crash, and the crash caused your back and neck pain and related losses. Two issues often decide these cases: whether you can prove the pain is connected to the wreck (medical documentation matters), and whether the other side can argue you were even slightly at fault (North Carolina’s contributory negligence rule can bar recovery).

Understanding the Problem

If you were hurt in a North Carolina car accident and you now have back and neck pain, you may be asking whether you can make a claim against the other driver (or an insurance policy) for those injuries. Here, you were the driver and you report back and neck pain after the crash, so the key question is whether North Carolina law allows you to hold someone else legally responsible for that pain and the impact it has on you.

Apply the Law

Most car-accident injury cases in North Carolina are based on negligence. In plain English, negligence means a driver failed to use reasonable care (for example, by not keeping a proper lookout, following too closely, or not yielding when required). To have a valid personal injury claim for back and neck pain, you typically must show: (1) the other driver had a duty to drive safely, (2) the other driver breached that duty, (3) the breach caused the crash and your injuries, and (4) you suffered damages (like medical treatment, pain, and limitations).

North Carolina also follows contributory negligence in most negligence cases. That means if the other side proves you were negligent and your negligence contributed to the crash, you may be barred from recovering damages—even if the other driver was mostly at fault. The burden of proving contributory negligence is on the party raising it as a defense.

Finally, timing matters. In many North Carolina personal injury cases, you have a three-year deadline to file suit, and waiting too long can make a valid claim impossible to pursue in court.

Key Requirements

• Fault (negligence): You must be able to point to what the other driver did wrong that caused the collision.
• Medical causation: You must be able to connect your back/neck symptoms to the crash, usually through timely medical evaluation and consistent records.
• Damages: You must have losses tied to the injury, such as medical care, pain and suffering, and limits on daily activities.
• No contributory negligence (or a way around it): If the defense can show you contributed to the wreck, your claim may fail under North Carolina law.
• Within the filing deadline: You generally must file a lawsuit within the applicable statute of limitations (often three years for personal injury).

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; certain civil actions) - Commonly used limitations period for personal injury claims, including many car-accident injury cases.
• 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. § 20-279.21 (Motor vehicle liability policy; UM/UIM) - Defines required auto liability coverage terms and addresses uninsured/underinsured motorist coverage rules.

Analysis

Apply the Rule to the Facts: You report back and neck pain after a motor vehicle accident while you were driving. If another driver caused the crash (fault) and your medical records support that the collision caused or aggravated your back/neck condition (causation), you may have a claim for your injury-related damages. The biggest early risk in North Carolina is whether the insurer argues you contributed to the crash in any way, because contributory negligence can defeat an otherwise strong injury claim.

Process & Timing

1. Who files: The injured person (you), usually through an attorney. Where: North Carolina Superior Court (typically in the county where the crash happened or where the defendant lives). What: A civil complaint alleging negligence and damages; if the at-fault driver is uninsured/underinsured, additional steps may apply to put the correct insurance coverage in play. When: In many cases, you must file within three years of when the injury becomes apparent or reasonably should have become apparent.
2. Investigation and claim building: Gather the crash report, photos, witness information, and medical records. Continue appropriate medical care so your symptoms, treatment, and functional limits are documented over time.
3. Resolution path: Many cases resolve through an insurance claim and settlement discussions; if not, the case proceeds through litigation (discovery, motions, and possibly trial) and ends with a settlement agreement or a court judgment.

Exceptions & Pitfalls

• Contributory negligence defenses: Insurers often look for facts they can frame as you contributing to the crash (speed, following distance, lane position, distraction). Even small issues can matter in North Carolina.
• Gaps in treatment and inconsistent history: Waiting a long time to get checked out, missing appointments, or giving changing descriptions of symptoms can make it harder to prove the crash caused your back/neck pain.
• Pre-existing conditions: Prior neck or back problems do not automatically defeat a claim, but you usually must show the wreck caused a new injury or made an existing condition worse, and you need records that separate “before” from “after.”
• Early recorded statements: A quick “I’m fine” statement to an insurer can be used later to argue your pain is unrelated or exaggerated, especially when symptoms develop over days.
• Insurance coverage limits and UM/UIM issues: If the at-fault driver has limited coverage (or none), your own uninsured/underinsured motorist coverage may become important, and notice/handling mistakes can create avoidable disputes.

Conclusion

You may have a North Carolina personal injury claim for back and neck pain after a car accident if you can show the other driver was negligent, that negligence caused the crash, and the crash caused your injuries and losses—while also avoiding a contributory negligence defense. In many cases, you must file a lawsuit within three years. A practical next step is to gather your crash report and medical records and have an attorney evaluate fault, causation, and deadlines before you get too close to the filing cutoff.

Talk to a Personal Injury Attorney

If you're dealing with back and neck pain after a North Carolina car accident and you’re unsure whether you have a claim (or worried about contributory negligence or deadlines), our firm has experienced attorneys who can help you understand your options and timelines. Call {{CONTACT_NUMBER}} to talk with us.

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.