Short Answer

Yes. In North Carolina, a parent or legal guardian may present a third-party bodily injury claim to the at-fault driver’s liability insurer on behalf of a minor. If the insurer will not settle, any lawsuit must name the at-fault driver (not the insurer). Settlements for minors generally require court approval, and deadlines apply—especially to the parent’s claim for the child’s medical expenses.

Understanding the Problem

You are a North Carolina parent asking whether you can seek money from the at-fault driver’s insurer for your child’s back injuries after a car crash. The police crash report left out your child’s involvement. You want to know if you can move forward, how to do it, and what timing rules apply.

Apply the Law

North Carolina allows a child’s injury claim to be brought by a parent, legal guardian, or guardian ad litem. You can open and negotiate a claim directly with the at-fault driver’s liability insurer, but if a lawsuit is needed, it must be filed against the at-fault driver—not the insurer. A settlement for a minor typically requires approval by the Clerk of Superior Court, and funds are often placed in a restricted account or structured for the child’s benefit. North Carolina generally uses a three-year deadline for negligence claims. For minors, the child’s claim is tolled during minority, but the parent’s separate claim for the child’s medical expenses is not tolled and follows the standard deadline.

Key Requirements

• Fault and coverage: The at-fault driver’s liability coverage is the primary source for a third-party claim.
• Proper party: A parent, legal guardian, or court-appointed guardian ad litem must act for the minor.
• No direct-action lawsuit: You may negotiate with the insurer, but any suit names the at-fault driver, not the insurer.
• Proof of involvement and injury: You will need evidence your child was in the crash and injured (medical records, adjuster communications, witnesses), even if the crash report omitted the child.
• Court approval of settlement: A minor’s settlement generally requires approval by the Clerk of Superior Court and use of restricted accounts or structured payouts.
• Deadlines: The parent’s claim for medical bills must be filed within the standard negligence deadline; the child’s personal injury claim is tolled until adulthood.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 17 (Minors sue through guardian/next friend) - A minor appears in court through a representative.
• N.C. Gen. Stat. § 1-17 (Tolling for Minors) - Time limits are paused while a child is under 18, with exceptions.
• N.C. Gen. Stat. § 20-279.21 (Auto Liability/UM-UIM Coverage) - Requires liability coverage and provides UM/UIM frameworks for motor vehicle claims.

Analysis

Apply the Rule to the Facts: You, as the parent, can open and pursue a bodily injury claim with the at-fault driver’s insurer for your child’s back injuries. The police report’s omission does not bar the claim—use medical records, insurer communications, and witnesses to confirm your child’s involvement. Keep in mind the parent’s claim for the child’s medical bills follows the standard negligence deadline, while the child’s separate injury claim is tolled until adulthood. Your separate retailer claim does not block moving forward on the auto claim.

Process & Timing

1. Who files: Parent or legal guardian for the child. Where: Open a third-party claim with the at-fault driver’s insurer; if suit is needed, file in the appropriate North Carolina trial court in the county where the crash occurred or where the defendant resides. What: Notice of claim, proof of liability and damages (medical records/bills); if suit, file a complaint and seek appointment of a guardian ad litem for the minor; for settlement, petition for minor settlement approval with the Clerk of Superior Court. When: Start the claim promptly; the parent’s medical-expense claim generally must be filed within three years of the crash.
2. Negotiate with the insurer: liability assessment, medical documentation, and evaluation. This often takes weeks to months depending on treatment and records collection; timing varies by county and insurer.
3. Finalize: If a settlement is reached, seek minor settlement approval. Expect an order directing restricted accounts or structured payments. If no settlement, proceed with litigation against the at-fault driver.

Exceptions & Pitfalls

• No direct-action suit against insurer: You can negotiate with the insurer, but any lawsuit must name the at-fault driver.
• Crash report errors: An omitted passenger can be corrected by the reporting agency; claims may still proceed using other evidence.
• Medical liens: Public programs (like Medicaid) and some providers may assert liens; address them before any disbursement to avoid delays.
• Two distinct claims: The child’s claim (pain, suffering, impairment) and the parent’s claim (medical expenses while the child is a minor) must be allocated correctly to avoid double recovery.
• Settlement approval: Failing to obtain court approval for a minor’s settlement can jeopardize the agreement and disbursement.
• Recorded statements: Be cautious with insurer statements; provide accurate facts, but do not speculate about injuries or fault.

Talk to a Personal Injury Attorney

If you’re dealing with a child’s injury claim after a car crash and need to coordinate insurer negotiations, deadlines, and court approval, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

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.