Short Answer

Yes. In North Carolina, if another driver’s negligence caused your crash, you can recover economic damages such as reasonable medical expenses and proven lost wages. You must show the other driver was at fault, your treatment and time off work were caused by the crash, and you file your claim on time. North Carolina’s strict contributory negligence rule can bar recovery if you were even slightly at fault.

Understanding the Problem

You want to know if, after a North Carolina rear-end crash, you can get money back for hospital bills and the paychecks you missed while you healed. This is a personal injury damages question: can you, as the injured driver, recover medical costs and wage loss caused by the collision, and what rules and timing apply?

Apply the Law

North Carolina negligence law allows recovery of economic damages when another person breaches a duty of care and causes your injury. For medical bills, you must show the treatment was reasonably necessary and the amounts claimed reflect what was actually paid or still owed. For lost wages, you must show your missed time and reduced earnings were caused by your injuries and supported by medical restrictions or similar proof. Claims are typically presented to the at-fault driver’s insurer; lawsuits are filed in the General Court of Justice (District or Superior Court) through the Clerk of Superior Court. Most personal injury claims must be filed within three years of the crash.

Key Requirements

• Fault (Negligence): The other driver failed to use reasonable care and caused the crash.
• Causation: Your medical treatment and time off work flowed from the collision, not from unrelated conditions.
• Medical Expense Proof: Bills and records show treatment was necessary; amounts claimed are those paid or still owed.
• Wage Loss Proof: Employer verification and medical notes (or comparable documents) show dates missed and pay you lost.
• Timely Filing: File claims and any lawsuit within the applicable limitations period.
• No Contributory Negligence: You were not even slightly at fault; otherwise recovery can be barred.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Limitations) - Most negligence claims for injury and property damage must be filed within three years.
• N.C. R. Evid. 414 (Medical expenses) - Juries hear the amounts actually paid or still owed, not full billed charges.
• N.C. Gen. Stat. § 20-152 (Following too closely) - Drivers must not follow more closely than is reasonable and prudent.

Analysis

Apply the Rule to the Facts: You were rear-ended while stopped at a green light. If the other driver failed to maintain a safe following distance, that supports fault. Your ER care for leg fractures is a compensable medical expense so long as it was necessary; claim the amounts actually paid or still owed. Missed work tied to those injuries is recoverable if you document the dates, your rate of pay, and a provider’s work restrictions. File your claim and any lawsuit before the three-year deadline.

Process & Timing

1. Who files: The injured person. Where: Begin with a claim to the at-fault driver’s insurer; if unresolved, file a lawsuit with the Clerk of Superior Court in the county where the crash occurred or the defendant lives. What: Civil Summons (AOC-CV-100) and a Complaint stating negligence and damages; attach basic damages documentation. When: File before the three-year statute of limitations; after filing, serve the summons and complaint promptly (a North Carolina summons expires if not served within 60 days unless properly renewed).
2. Settlement negotiations often occur after you reach maximum medical improvement and can present complete medical and wage documentation; timelines vary by insurer and county.
3. If settled, the insurer issues payment after you sign a release; if litigated, the court will set scheduling orders, discovery, and, if necessary, trial, resulting in a verdict and judgment.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; carefully preserve facts showing you were fully stopped and visible.
• Medical expense limits: You can generally recover amounts paid or still owed, not the higher billed charges.
• Proof of wage loss: Get employer letters, pay stubs, and medical work notes; without them, wage claims are often reduced or denied.
• Mitigation: You must take reasonable steps to heal and reduce losses (attend appointments, follow restrictions, arrange transportation when possible).
• Insurance options: MedPay (if on your policy) can help pay medical bills regardless of fault; UM/UIM may apply if the at-fault driver is uninsured or underinsured.
• Service trap: After filing, serve the summons and complaint within the service period or properly extend to avoid dismissal.

Talk to a Personal Injury Attorney

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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.