Short Answer

Yes. In North Carolina, you can pursue an injury claim even if no one received a traffic ticket. Civil liability turns on negligence, causation, and damages—not on whether an officer issued a citation. However, North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault, and strict filing deadlines apply.

Understanding the Problem

You want to know if you can bring a North Carolina personal injury claim after a car crash when no citation was issued. As the injured driver seeking payment of medical bills a few months after the collision, you want to understand whether the absence of a ticket blocks your claim and what steps to take next.

Apply the Law

Under North Carolina law, the absence of a traffic citation does not decide civil fault. To recover for personal injuries, you must prove the other party’s negligence caused your injuries and you suffered damages. Claims may start with an insurance demand, but if settlement fails you may file a lawsuit in District or Superior Court depending on the amount sought. Most personal injury lawsuits must be filed within three years from the crash date.

Key Requirements

• Negligence by another: Show the other driver (or another party) failed to use reasonable care.
• Causation: Connect that unsafe conduct to the crash and your injuries.
• Damages: Document medical treatment, bills, lost income, and other losses.
• Contributory negligence: If you were even 1% at fault, your recovery can be barred unless a narrow doctrine like last clear chance applies.
• Timely filing: File suit within the applicable statute of limitations; most injury claims have a three-year deadline from the date of the wreck.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Most personal injury lawsuits must be filed within three years.
• North Carolina Gen. Stat. § 20-279.21 (Auto insurance coverages) - Sets required and optional motor vehicle liability coverages, including UM/UIM and medical payments.
• North Carolina Gen. Stat. § 20-166.1 (Crash investigations and reports) - Addresses officer crash investigations and reports after collisions.

Analysis

Apply the Rule to the Facts: No ticket was issued, but that alone does not stop a claim. You report that you blacked out and crossed into oncoming traffic; the insurer may argue you were at fault and deny injury payments. North Carolina’s contributory negligence rule means any fault on you can bar recovery against another driver, though limited doctrines (such as last clear chance) can affect that analysis. Property damage payments do not guarantee payment of medical bills; injury claims require separate proof of liability and damages.

Process & Timing

1. Who files: The injured person. Where: Start with a written claim to the liability insurer (and your own insurer for medical payments coverage, if any). For lawsuits, file with the Clerk of Superior Court in the county where the crash occurred or where the defendant resides. What: Civil Summons (AOC-CV-100) and a Complaint stating negligence and damages; serve the defendant. When: File before the three-year statute of limitations expires.
2. Insurer evaluation and negotiation: After you submit medical records and bills, insurers often take several weeks to evaluate. If they deny or ignore the claim, send a final demand and prepare to file suit.
3. Litigation: After filing and service, the defendant answers, discovery begins, and the case may resolve by settlement, mediation, or trial. The court will issue orders setting deadlines.

Exceptions & Pitfalls

• Contributory negligence can bar recovery even if your fault is minimal; consider whether the other driver had the last clear chance to avoid the crash.
• Medical emergency defense may be raised if a driver’s sudden, unforeseeable loss of consciousness caused the wreck; medical history and warning signs matter.
• Property damage payments do not equal liability for injuries; build a separate record for causation and medical necessity.
• Preserve first-party options: timely submit medical payments claims to your own insurer and notify your UM/UIM carrier before settling with any liability insurer.
• Avoid recorded statements or broad medical authorizations without guidance; limit disclosures to relevant treatment.

Talk to a Personal Injury Attorney

If you’re facing unpaid medical bills after a crash and the insurer isn’t responding, our firm can help you assess fault, coverage options, and deadlines. Reach out today at (919) 341-7055 for a consultation.

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.