Short Answer

Possibly. In North Carolina, you generally have a car accident case if you can prove the other driver was negligent and that negligence caused your injuries or vehicle damage. But North Carolina’s contributory negligence rule can block recovery if the other side proves you were even slightly at fault, so fault details and evidence matter. You also must act within the legal deadline (often three years for injury and property damage claims).

Understanding the Problem

If you were in a North Carolina crash and you believe the other driver caused it, you are usually asking whether you can make a claim (or file a lawsuit) to recover for your losses. Here, one key fact is that an attorney tried to reach you after the wreck and left a voicemail asking you to call back, which often happens when someone may need help figuring out whether they have a claim and what deadlines apply.

Apply the Law

Most North Carolina car accident cases are based on negligence. That means you must show the other driver failed to use reasonable care (for example, by violating a safety rule or driving carelessly), and that failure caused your harm. If the other driver (or their insurer) argues you contributed to the crash, North Carolina’s contributory negligence doctrine can prevent recovery if they prove you were also negligent and your negligence helped cause the collision. If you do have a viable claim, it is typically handled through an insurance claim first, and then (if needed) a lawsuit in North Carolina District Court or Superior Court depending on the amount and issues.

Key Requirements

• Fault (negligence): You must be able to show the other driver did something unreasonable or unsafe that a careful driver would not do.
• Causation: The other driver’s fault must be a real cause of the crash and your injuries or property damage (not just something that happened in the background).
• Damages: You need actual losses, such as medical treatment, pain and limitations, lost time from work, or vehicle damage.
• No contributory negligence (or a way around it): If the defense proves you were also negligent and that contributed to the crash, you may be barred from recovering anything.
• Proof and documentation: Strong cases are built with reports, photos, witness info, medical records, and consistent statements.
• Timely filing: If the case cannot be resolved, you must file suit before the statute of limitations expires.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many claims, including many personal injury and property damage claims arising from car wrecks.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove that defense.
• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM) - Describes required auto liability coverage and uninsured/underinsured motorist coverage rules that often affect how claims get paid.

Analysis

Apply the Rule to the Facts: Based on the limited facts provided, we do not yet know what the other driver did wrong, what injuries or damage occurred, or whether there is any argument that you contributed to the crash. The fact that an attorney left a voicemail suggests you may be trying to figure out whether the other driver’s fault is enough to support a claim and what steps to take next. The viability of the case will turn on proving negligence, causation, and damages, while avoiding (or defeating) a contributory negligence defense.

Process & Timing

1. Who files: Usually the injured person (or the vehicle owner for property damage). Where: Often starts as an insurance claim; if a lawsuit is needed, it is filed in the appropriate North Carolina trial court (District or Superior Court) in the proper county. What: A claim package to the insurer (and, if necessary, a civil complaint and summons). When: Start promptly; many cases must be filed within three years under North Carolina law for common injury/property claims.
2. Investigation and proof: Gather the crash report, photos, witness names, and medical documentation. Your lawyer may also request recordings, vehicle data, or other evidence before it disappears.
3. Resolution path: Many cases resolve through settlement negotiations; if not, the case proceeds through litigation steps (service, discovery, motions, and possibly trial) and ends with a settlement agreement or a court judgment.

Exceptions & Pitfalls

• Contributory negligence: Even if the other driver was mostly at fault, the defense may try to argue you made a small mistake (speed, lookout, following distance). In North Carolina, that can be case-ending if proven.
• Gaps in medical proof: Delays in treatment or inconsistent complaints can make it harder to connect injuries to the crash.
• Recorded statements: Early statements to insurers can be used later to argue you admitted fault or were not hurt. It is usually safer to get advice before giving detailed recorded statements.
• Insurance coverage issues: If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage may matter, and notice requirements and timing can affect those claims.
• Waiting too long: Evidence fades quickly (vehicle repairs, surveillance video, witness memory). Waiting can also create deadline pressure as the statute of limitations approaches.

Conclusion

You may have a North Carolina car accident case if you can prove the other driver’s negligence caused your injuries or property damage and the defense cannot prove you were also at fault under the contributory negligence rule. In many situations, you must file a lawsuit within three years to preserve the claim. A practical next step is to gather your crash report, photos, and medical records and have a lawyer review them well before the three-year deadline.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina car accident and believe the other driver caused the crash, a personal injury attorney can help you evaluate fault, protect you from common insurance pitfalls, and track the deadlines that can affect your claim. Reach out today at (919) 313-2729.

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.