Understanding the Problem

In North Carolina, can you still pursue a personal injury claim after a car wreck when the other driver blames you, especially when you only have limited information so far from the initial outreach after the crash?

Apply the Law

In a North Carolina car accident case, you generally must prove the other driver was negligent (careless) and that their negligence caused your injuries and damages. The other driver (or their insurer) can still defend the case by arguing you were contributorily negligent—meaning you also failed to use reasonable care and that failure helped cause the crash. If the defense proves contributory negligence, it can completely block recovery in many ordinary negligence cases, which is why “the other driver says it was your fault” is not the end of the analysis, but it is a serious issue that must be evaluated early.

Fault disputes are decided based on evidence (photos, vehicle damage patterns, witness statements, crash reports, scene measurements, and sometimes event data), not just what one driver claims at the scene or later.

Key Requirements

• Negligence by the other driver: You must show the other driver failed to use reasonable care (for example, by driving unsafely for conditions or violating a safety rule).
• Causation: You must connect that unsafe driving to the collision and to your injuries (not just that a crash happened).
• Damages: You must have compensable losses (such as medical treatment, lost time from work, or property damage).
• Contributory negligence defense: The defense may try to prove you also acted unreasonably and that your conduct contributed to the crash, which can bar recovery under North Carolina’s rules.
• Burden of proof on contributory negligence: If the other side claims you were contributorily negligent, they must prove that defense.
• Deadline to file suit: Most car accident injury and property damage lawsuits must be filed within a set time limit, or the claim can be lost even if liability is strong.

What the Statutes Say

• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Puts the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period for many injury/property claims) - Commonly provides a three-year deadline for many negligence-based claims, including many arising from car crashes.
• N.C. Gen. Stat. § 20-166 (Duties after a crash) - Requires drivers to stop and exchange information/assist; violations can affect how a crash is investigated and documented.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission; may not release injury claim) - Explains that settling vehicle damage alone is not automatically an admission of liability and does not automatically release injury claims unless the written agreement says so.

Analysis

Apply the Rule to the Facts: Based on the limited information available, the key issue is not that the other driver blamed you, but whether the evidence supports that claim. If you can show the other driver acted negligently and that negligence caused the crash, you may have a viable claim. At the same time, because contributory negligence can bar recovery in North Carolina, the defense will likely look for any driving choice they can argue contributed to the collision, and they have the burden to prove that defense.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Typically North Carolina state court in the county where the crash happened or where the defendant lives (venue can be fact-specific). What: A civil complaint alleging negligence and damages. When: Often within 3 years for many car-crash injury/property claims under North Carolina law (confirm the correct deadline for your specific claim type).
2. Early claim stage: Before any lawsuit, the claim is often investigated and presented to an insurance carrier. This is where fault disputes commonly arise, and where photos, witness names, and medical records become important.
3. Litigation stage (if needed): If the claim does not resolve, the case proceeds through discovery (exchange of evidence), possible motions, and then settlement talks or trial where a judge/jury decides fault and damages.

Exceptions & Pitfalls

• Contributory negligence traps: Seemingly small facts (speed, following distance, distraction, failure to keep a proper lookout) can become the focus because they may bar recovery if proven.
• Recorded statements and casual admissions: Early statements to insurers can be used to argue you accepted blame or were unsure about key facts. It is usually safer to stick to what you know and avoid guessing.
• Property-damage paperwork that releases injury claims: A check or agreement for vehicle repairs may come with release language. North Carolina law says property-damage settlement alone does not automatically release injury claims, but a written agreement can—so read documents carefully before signing.
• Evidence fades quickly: Skid marks, video footage, and witness memories can disappear fast. Waiting can make a “he said/she said” fault dispute harder to prove.
• Wrong deadline for the wrong claim: Different claims can have different time limits (for example, claims involving government entities can have special rules). Confirm the correct deadline early.

Conclusion

You can still have a North Carolina car accident case even if the other driver claims you caused the crash, as long as you can prove the other driver’s negligence caused your injuries and the defense cannot prove you were contributorily negligent. Because contributory negligence can bar recovery and evidence can disappear quickly, the most practical next step is to gather and preserve proof (photos, witness information, medical records, and the crash report) and make sure a lawsuit is filed within the applicable deadline—often three years.

Talk to a Personal Injury Attorney

If you're dealing with a car accident where the other driver is blaming you, our firm has experienced attorneys who can help you understand how North Carolina’s fault rules may affect your options and timelines. Call (919) 555-0123 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.