Understanding the Problem

If you were hurt in a North Carolina car accident as a passenger and you have back pain, you may wonder whether you can make a claim even though you were not driving. The key question is whether you can pursue compensation from the at-fault driver (which could be the other vehicle’s driver or the driver of the car you rode in) based on what happened and when you need to act.

Apply the Law

North Carolina follows a negligence-based system for most car-wreck injury claims. That means a passenger generally can bring a claim by showing (1) someone owed a duty to drive reasonably, (2) that person breached the duty, (3) the breach caused the crash and the passenger’s injuries, and (4) the passenger has damages (medical care, pain, limitations, and other losses). Most injury lawsuits must be filed in the North Carolina General Court of Justice within the applicable statute of limitations, which is commonly three years for personal injury.

Key Requirements

• Negligence by a driver: You must show that a driver (sometimes more than one) drove carelessly or violated a safety rule and that this caused the collision.
• Causation: You must connect the crash to your back pain (for example, through prompt medical evaluation and consistent symptoms).
• Damages: You must show real losses, such as medical bills and the impact of pain on daily activities, even if you did not miss work.
• Contributory negligence issues: North Carolina can bar recovery if the injured person’s own negligence contributed to the injury, so the defense will look for passenger conduct that may be argued as unsafe.
• Timely filing: If the claim does not resolve, you must file suit before the statute of limitations runs.
• Proper documentation: Police reports, medical records, and insurance information often become key proof, even though some parts of accident reporting/insurance information have limits on how they can be used in court.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; includes many personal injury claims) - Sets a three-year limitations period for many injury claims and includes an accrual rule tied to when bodily harm becomes apparent or should have become apparent.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the defendant to prove contributory negligence as a defense.
• N.C. Gen. Stat. § 20-135 (Seat belt use mandatory; limits on evidence) - Requires seat belt use and generally makes seat-belt nonuse evidence inadmissible in most civil trials.
• N.C. Gen. Stat. § 20-279.11 (Accident report financial responsibility info not evidence) - Limits using certain insurance/financial responsibility information from accident reports as evidence of negligence or due care.

Analysis

Apply the Rule to the Facts: Because you were a passenger, you typically are not responsible for how either vehicle was driven, so you can still pursue a claim if a driver’s negligence caused the crash. Your reported back pain can support the “damages” element, especially since you later saw a primary care doctor and have medical documentation. Even without an ambulance at the scene and even if you did not miss work due to being retired/disabled, you may still have a valid claim if the crash caused your symptoms and you can document treatment and how the pain affects your daily life.

Process & Timing

1. Who files: The injured passenger (or their attorney) makes the claim. Where: Usually with the at-fault driver’s insurance carrier first; if a lawsuit is needed, it is filed in the North Carolina General Court of Justice in the county where the crash happened or where a defendant resides. What: A liability claim package (records, bills, wage/benefit info if any, and a demand) and, if necessary, a civil complaint. When: Start as soon as practical while evidence and medical records are fresh; if the case does not resolve, file suit before the limitations period expires (often three years).
2. Investigation and proof: The insurer (and later the court, if sued) will focus on fault (who caused the crash) and medical causation (whether the wreck caused the back pain). Consistent treatment and clear timelines matter.
3. Resolution: Many passenger claims resolve through settlement; if not, the case proceeds through litigation steps (service of process, discovery, motions, and possibly trial) and ends with a settlement or judgment.

Exceptions & Pitfalls

• Passenger conduct can still matter: While passengers usually are not “at fault” for driving, insurers sometimes argue a passenger contributed to harm (for example, distracting the driver or choosing to ride with a driver they knew was impaired). These arguments can be case-specific and can affect the outcome under North Carolina’s contributory negligence rules.
• Gaps in treatment: Waiting too long to get evaluated or stopping treatment early can make it harder to prove the crash caused the back pain.
• “No ambulance” does not equal “no injury”: Many back injuries show up hours or days later, but you still need medical documentation tying symptoms to the collision.
• Seat belt issues: North Carolina requires seat belts, but the law generally limits using seat belt nonuse as evidence in civil cases; still, you should be prepared for insurers to ask about it during the claim process.
• Insurance-report confusion: Some insurance/financial responsibility information in accident reports is restricted as evidence in court, so your case should not rely on that as “proof” of fault.
• Deadline traps: Even if negotiations are ongoing, the statute of limitations can still run; filing suit on time is what preserves the claim if settlement talks stall.

Conclusion

Yes—under North Carolina law, you can bring an injury claim as a passenger if a driver’s negligence caused the crash and that crash caused your injuries and losses. You still need proof of fault, medical causation for your back pain, and documented damages, even if you did not miss work. The most important next step is to preserve your rights by filing a civil lawsuit in the North Carolina General Court of Justice before the three-year deadline applies to your claim.

Talk to a Personal Injury Attorney

If you're dealing with back pain after a North Carolina car accident and you were a passenger, an attorney can help you identify the at-fault party, gather the right medical and crash documentation, and track the filing deadline so you do not lose 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.